Brookline Canning & Packing Co. v. Evans
Missouri Court of Appeals
Appeal from Greene Circuit Court. — No». James T. Neville, Judge. (1) Justices of the peace are denied by the statute law of this state jurisdiction of any strictly equitable proceeding. R. S. 1909, sec. 7397; Newberger v. Friede, 23 Mo.
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Appeal from Greene Circuit Court. — No». James T. Neville, Judge. (1) Justices of the peace are denied by the statute law of this state jurisdiction of any strictly equitable proceeding. R. S. 1909, sec. 7397; Newberger v. Friede, 23 Mo. App. 636. (2) This being a proceeding, instituted for the sole purpose of enforcing contribution between the stockholders of an insolvent corporation, is strictly equitable in its nature and maintainable only in a court having chancery jurisdiction. This is true for the following reasons: First, in the absence of express statutory authority no action at law…
1Opinion of the CourtGray, J.
This suit was instituted before a justice of the peace in Greene county, by the respond*569ent corporation, to recover from the defendant the amount claimed to be due on an unpaid stock subscription. The cause was appealed to the circuit court, wherein the plaintiff obtained a judgment and the defendant’s appeal was allowed to the. Supreme Court on the theory that a constitutional question was involved. The Supreme Court held that no such question was involved, and transferred the case to this court.
The cause was tried before the court without a , jury, and a special finding of facts made and…
2Cases cited30 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Baldwin v. CanfieldSupreme Court of Minnesota · 1879
- Button v. HoffmanWisconsin Supreme Court · 1884
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
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3Cited by1 opinion
- Schneider v. JohnsonMissouri Court of Appeals · 1912