Hageman v. Southern Electric Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — -How. John A. Blevins, Judge. (1) The proof offered to show that the United Railways Company assumed to* pay the liabilities of the Southern Electric Company, was not admissible under the pleadings, and, if admitted, cannot be the basis of a decree in this cause.
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Appeal from St. Louis City Circuit Court. — -How. John A. Blevins, Judge. (1) The proof offered to show that the United Railways Company assumed to* pay the liabilities of the Southern Electric Company, was not admissible under the pleadings, and, if admitted, cannot be the basis of a decree in this cause. “A party can no more succeed upon a case proved but not alleged than upon a case alleged but not proved.” 1 Beach’s Modern Equity Pr., sec. 99'. Such is the rule firmly established in equity practice in this State. Duncan v. Fisher, 18 Mo. 404; Irwin v. Chiles, 28 Mo. 570*; Mead v. Knox, 12…
1Opinion of the CourtFox, P. J.
This is a proceeding in equity, begun in the circuit court of the city of St. Louis, having for its object the subjection of certain dividends accruing on the preferred stock of the United Railways Company, a corporation, which will hereafter be called the United Company, to the payment of a judgment rendered against the Southern Electric Railroad Company, which will hereafter be called the Southern Com*255pany, in the circuit court of the United States for the Eastern District of Missouri.
There is hut little, if any, disagreement regarding the facts of the case. The real controversy is one of…
2Cases cited13 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- McDonald v. WilliamsSupreme Court of the United States · 1899
- Bacon v. RobertsonSupreme Court of the United States · 1856
- Hightower v. ThorntonSupreme Court of Georgia · 1850
- Goodwin v. McGeheeSupreme Court of Alabama · 1849
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