Hatton v. Kansas City, Clinton & Springfield Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Son. N. M. Bradley, Judge. (1) The plaintiffs have no such interest as will warrant the exercise of equitable power herein by injunctive process, and there is a plain and adequate remedy at law, the bill on its face being insufficient to constitute a cause of action, (a) Pattison Code Pleading (2 Ed.), sec. 519; State ex rel. v. Wood, 155 Me. 446; Brake Beam Co. v. Bakewell, 224 Mo. 222; Missouri Code Pleading, Pattison (2 Ed.), sec. 536.…
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Appeal from Johnson Circuit Court. — Son. N. M. Bradley, Judge. (1) The plaintiffs have no such interest as will warrant the exercise of equitable power herein by injunctive process, and there is a plain and adequate remedy at law, the bill on its face being insufficient to constitute a cause of action, (a) Pattison Code Pleading (2 Ed.), sec. 519; State ex rel. v. Wood, 155 Me. 446; Brake Beam Co. v. Bakewell, 224 Mo. 222; Missouri Code Pleading, Pattison (2 Ed.), sec. 536. (b) Where there is a plain, adequate and complete remedy at law, a resort to equity is improper. Stalter v. Stalter,…
1Opinion of the CourtFaris, J.
This is a proceeding in equity whereby plaintiffs seek to enjoin the defendant from entering upon certain real estate, averred in the petition to be an abandoned right of way of defendant, and removing therefrom certain right-of-way fences, steel rails, ties, bridges, abutments and cattle guards. The action was commenced sometime in 1905 and tried in 1908 in the circuit court of Johnson county. Upon the trial plaintiffs prevailed and a decree was entered in their favor *665as prayed for in the petition. Prom this decree defendant has appealed.
Upon the trial defendant interposed a demurrer,…
2Cases cited26 opinions
- Northern Central Railway Co. v. Canton Co.Court of Appeals of Maryland · 1869
- Cox v. ForrestCourt of Appeals of Maryland · 1883
- Dudley & Carpenter v. Hurst, Miller & Co.Court of Appeals of Maryland · 1887
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Taylor v. CollinsWisconsin Supreme Court · 1881
21 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Dalton v. JohnsonSupreme Court of Missouri · 1959
- Franck Bros., Inc. v. RoseSupreme Court of Missouri · 1957
- Eureka Real Estate & Investment Co. v. Southern Real Estate & Financial Co.Supreme Court of Missouri · 1947
- Farmers Drainage Dist. v. Sinclair Refining Co.Supreme Court of Missouri · 1953
- Quinn v. StoneIdaho Supreme Court · 1954
14 more not listed; retrieve them via the Exa API.