McKenzie v. Donnell
Supreme Court of Missouri
Appeal from Jackson Circuit Court . — Hon. Shannon ■ G. Douglass, Judge. (1) Upon the face of the record the judgment is erroneous. There was no finding of facts upon which to base the judgment. It is well settled that the facts upon which a decree in equity is based must be found by the court. Labarge v. Chanvin, 2 Mo. 177; Robertson v. McCune, 128 Mo. 577. (2) Plaintiffs are not entitled to maintain a multiplicity of suits for the same subject-matter.
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Appeal from Jackson Circuit Court . — Hon. Shannon ■ G. Douglass, Judge. (1) Upon the face of the record the judgment is erroneous. There was no finding of facts upon which to base the judgment. It is well settled that the facts upon which a decree in equity is based must be found by the court. Labarge v. Chanvin, 2 Mo. 177; Robertson v. McCune, 128 Mo. 577. (2) Plaintiffs are not entitled to maintain a multiplicity of suits for the same subject-matter. One ought not to be vexed twice for one and the same cause. No rule of law is better settled than that the single cause of action cannot be…
1Opinion of the CourtGantt, J.
This is an appeal from a judgment of the circuit court of Jackson county for an accounting and to enforce the decree of this court rendered on the 12th of July, 1899, wherein the plaintiffs herein were plaintiffs in error and the defendants herein were appellants in a cross appeal.
The petition sets forth at length the bringing of the bill in equity by the plaintiffs, as the children and heirs at law of Jedediah E. McKenzie, to recover certain lands and set aside a deed of trust thereon and for an accounting on the ground that a certain deed of conveyance, to-wit, a deed of trust made by the…
2Cases cited4 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- McKenzie v. DonnellSupreme Court of Missouri · 1899
- O'Hara v. ShepherdHigh Court of Chancery of Maryland · 1851
- McKenzie v. DonnellSupreme Court of Missouri · 1899
3Cited by2 opinions
- Rossi v. DavisSupreme Court of Missouri · 1939
- Smith v. HacklemanMissouri Court of Appeals · 1971