Mason v. Deitering
Missouri Court of Appeals
Error to the St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) A stable is not a nuisance per se. City v. Russell, 116 Mo. 259; State v. Beattie, 16 Mo. App. 141; Flint v. Russell, 5 Dill. 151. (2) Where the'thing complained of is not a nuisance per se, and the allegations of the bill are denied, the preliminary injunction must be dissolved on motion to that end.
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Error to the St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) A stable is not a nuisance per se. City v. Russell, 116 Mo. 259; State v. Beattie, 16 Mo. App. 141; Flint v. Russell, 5 Dill. 151. (2) Where the'thing complained of is not a nuisance per se, and the allegations of the bill are denied, the preliminary injunction must be dissolved on motion to that end. Mygatt v. Gotchins, 20 Ga. 350; Chambers v. Cramer (W. Ya.), 54 L. R. A. 547. (3) The bill stated no cause of action. (a) Because equity has no jurisdiction to restrain a contingent or eventual nuisance. High on…
1Opinion of the CourtNortoni, J.
This is a suit in equity. Plaintiffs sought and obtained injunctive relief against defendants, restraining them from erecting a livery stable, and defendants appeal. There are no abstracts whatever on file in this court and we are therefore precluded from examining the merits of the controversy. In these circumstances, it becomes our duty to examine-the bill only to ascertain whether or not it is sufficient to support the judgment.
The bill is an extended document. It would incumber the opinion to incorporate it in full. • When-viewed from the present standpoint, after judgment given in…
2Cases cited11 opinions
- Adams v. MichaelCourt of Appeals of Maryland · 1873
- First National Bank v. SarllsIndiana Supreme Court · 1891
- City of St. Louis v. RussellSupreme Court of Missouri · 1893
- Coker v. BirgeSupreme Court of Georgia · 1851
- Holke v. HermanMissouri Court of Appeals · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Weller v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1913
- Iford v. NickelCourt of Appeals of Texas · 1928
- Lee v. Rolla Speedway, IncorporatedSupreme Court of Missouri · 1973
- Rhodes v. A. Moll Grocer Co.Missouri Court of Appeals · 1936
- Shelton v. LentzMissouri Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.