Kostuba v. Miller
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The petition is one at law to which defendant interposed a general denial, and also an equitable defense, but the court ignored the equitable defense and tried the case on the legal issues alone.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The petition is one at law to which defendant interposed a general denial, and also an equitable defense, but the court ignored the equitable defense and tried the case on the legal issues alone. This court has more than once decided, where the answer to an action at law sets up an equitable defense and prays for affirmative relief, the cause becomes an equitable suit and is governed by the rules of procedure applicable thereto. Wend-over v. Baker, 121 Mo. 273; Freeman v. Wilkerson, 50 Mo. 554; Conran v. Sellew, 28 Mo.…
1Opinion of the CourtBrace, J.
This suit was instituted on the twenty-third of December, 1893, by Charles J. Kostuba as, guardian and curator of Martin Graf an insane person; after the case was brought to this court by appeal, Graf died, and the St. Louis Trust Company was appointed and qualified as his administrator, and substituted as party plaintiff and respondent herein.
The petition is in four counts. The court found in favor of the defendant on the issues in the first two counts, and in favor of the plaintiff on the third and fourth counts, and from the judgment on the finding on these counts in favor of the plaintiff…
2Cases cited7 opinions
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Carter v. PriorSupreme Court of Missouri · 1883
- Reando v. MisplaySupreme Court of Missouri · 1886
- Teasdale v. StollerSupreme Court of Missouri · 1896
- Suddarth v. RobertsonSupreme Court of Missouri · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Vosburg v. SmithMissouri Court of Appeals · 1954
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
- Songer v. BrittainMissouri Court of Appeals · 1954
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Cole v. FitzgeraldMissouri Court of Appeals · 1908
23 more not listed; retrieve them via the Exa API.