Kansas & Texas Coal Co. v. Adams
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) There was no equity-in plaintiff’s bill. The matters therein set up could have been pleaded in the company’s answer in the garnishment either originally or by supplemental answer or amendment. They could have been shown on the trial by Adams and Matthews & Company just as they were on the trial of this cause. The remedy was ample at law and the appellants would have been entitled to a jury on the issues.
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Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) There was no equity-in plaintiff’s bill. The matters therein set up could have been pleaded in the company’s answer in the garnishment either originally or by supplemental answer or amendment. They could have been shown on the trial by Adams and Matthews & Company just as they were on the trial of this cause. The remedy was ample at law and the appellants would have been entitled to a jury on the issues. The court,therefore, had no jurisdiction as the remedy was ample and direct at law. Secs. 3459 and 3473, R. S. 1899;…
1Opinion of the Court
SMITH, P. J.-
It appears from the record in this case that Adams — the respondent here — entered into a contract with Matthews & Matthews and Barrow, who were attorneys, whereby they agreed to bring and prosecute an action for him against the Kansas & Texas Coal Company — hereafter referred to as the coal company — to recover damages for personal injuries sustained by him on account of the negligence of said coal company, and that they were to receive as a compensationtion for their services forty per cent of whatever amount they succeeded in recovering. Accordingly, the action was brought and…
2Cases cited8 opinions
- Gates v. TustenSupreme Court of Missouri · 1886
- Norvell v. PorterSupreme Court of Missouri · 1876
- Todd v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Gregor Grocer Co. v. CarlsonMissouri Court of Appeals · 1896
- Dunn v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
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3Cited by4 opinions
- Fulkerson v. LairdMissouri Court of Appeals · 1967
- State Ex Rel. Shaw State Bank v. PfeffleMissouri Court of Appeals · 1927
- Hopkins v. HensonMissouri Court of Appeals · 1920
- Shingleton v. Armour Boulevard Corp.Court of Appeals for the Eighth Circuit · 1938