Boulicault v. Oriel Glass Co.
Supreme Court of Missouri
Appeal from St. Louis _ City Circuit Court. — Hon. Glendy B. Arnoldy Judge. (1) This suit, being one in equity, is practically triable de novo on appeal. That the law and facts are alike subject to review on appeal in equity is settled law of Missouri. Barrett v. Davis, 104 Mo. 549.; Lins v. Lenhardt, 127 Mo. 271; Robertson v. Shepherd, 165 Mó. 360. (2) In an equitable proceeding, such as this, the court has no power to enter a money judgment against a defendant.
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Appeal from St. Louis _ City Circuit Court. — Hon. Glendy B. Arnoldy Judge. (1) This suit, being one in equity, is practically triable de novo on appeal. That the law and facts are alike subject to review on appeal in equity is settled law of Missouri. Barrett v. Davis, 104 Mo. 549.; Lins v. Lenhardt, 127 Mo. 271; Robertson v. Shepherd, 165 Mó. 360. (2) In an equitable proceeding, such as this, the court has no power to enter a money judgment against a defendant. State ex rel. v. Foster, 225 Mo. 171. (3) Plaintiffs should be denied relief because they have been guilty of laches and for a long…
1Opinion of the CourtBlair, J.
This is a' suit by minority stockholders of the Oriel Class Company to recover from Louis T. Maguire the amount of certain sums embezzled. from the company by a bookkeeper. It is allaged the losses resulted from the negligence of Maguire, who was for many years president, manager and treasurer of the company. Judgment went in favor of the company for such sums as had been taken within five years prior to the bringing of the suit. Since this appeal was taken Louis T. Maguire has died and the cause has been revived in the' name of his executors.
Jean B. Boulicault learned the business of glass…
2Cases cited2 opinions
- Slattery v. St. Louis & New Orleans Transportation Co.Supreme Court of Missouri · 1886
- State ex rel. Donnell v. FosterSupreme Court of Missouri · 1910
3Cited by8 opinions
- Securities & Exchange Commission v. ShanahanCourt of Appeals for the Eighth Circuit · 2011
- Rockenstein v. RogersSupreme Court of Missouri · 1930
- State Ex Rel. State Highway Commission v. PopeMissouri Court of Appeals · 1934
- State Ex Rel. State Highway Commission v. YoungSupreme Court of Missouri · 1929
- Heit v. BixbyDistrict Court, E.D. Missouri · 1967
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