Primm v. White
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Son. Charles D. Stewart, Judge. (1) In eases of doubtful right a court of chancery will wait for the right to be settled at law, before it will interfere by the extraordinary process of injunction. Skrainka v. Oertel, 14 Mo.
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Appeal from Knox Circuit Court. — Son. Charles D. Stewart, Judge. (1) In eases of doubtful right a court of chancery will wait for the right to be settled at law, before it will interfere by the extraordinary process of injunction. Skrainka v. Oertel, 14 Mo. App. 479. (2) The legality of the proceeding's whereby the partnership was dissolved, the property divided and allotted and the undivided portion sold, cannot be attacked or inquired into in this, an injunction proceeding, but the right of defendants (appellants), or either of them, to the ownership of said property must first be settled…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— It is argued by counsel for appellants that plaintiff could not recover because of laches in bringing the suit; that is to say, the acts of severing the line occurring June 30-, 1908, and the suit not instituted until December 16', of that year, plaintiff had rested on his alleged rights too long to entitle him to come into a court of equity for redress. It is also argued that plaintiff having first undertaken to assert his own right by restoring the connection over the protest and in spite of the objections of defendants, does not come into court with clean hands.…
2Cases cited6 opinions
- Burnham v. RogersSupreme Court of Missouri · 1902
- Hingston v. MontgomeryMissouri Court of Appeals · 1906
- Meinhart v. DraperMissouri Court of Appeals · 1908
- Skrainka v. OertelMissouri Court of Appeals · 1883
- Little v. CunninghamMissouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Real Estate Investment Co. v. WinnMissouri Court of Appeals · 1938
- Producers Lumber & Supply Co. v. Olney Building Co.Court of Appeals of Texas · 1960
- Schmidt v. PaulMissouri Court of Appeals · 1977
- Mulvey v. AndersonMissouri Court of Appeals · 1915
- Aubuchon v. AubuchonMissouri Court of Appeals · 1918
1 more not listed; retrieve them via the Exa API.