Legal Opinion

Litteral v. Litteral

Missouri Court of Appeals

Decided June 8, 1908PublishedCited by 9 opinions

Appeal from Jasper Circuit Court. — No». Hugh .Dabbs, Judge. (1) A bill in equity to enjoin tbe interfering with a lot in a cemetery ground may be brought in the name of the party owning the lot or relatives of deceased buried thereon. Boyce v. Kalbaugh, 47 Md. 334, 28 Am. Rep. 464; Davidson v. Reed, 111 111. 167, 53 Am. Rep. 613 ; 6 Cyc. 72, sec. 8, par. 182, note 70; Pierce v. Cemetery, 10 R. I. 227, 14 Am. Rep. 667; Keys v. Koupel, 75 Am.

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Appeal from Jasper Circuit Court. — No». Hugh .Dabbs, Judge. (1) A bill in equity to enjoin tbe interfering with a lot in a cemetery ground may be brought in the name of the party owning the lot or relatives of deceased buried thereon. Boyce v. Kalbaugh, 47 Md. 334, 28 Am. Rep. 464; Davidson v. Reed, 111 111. 167, 53 Am. Rep. 613 ; 6 Cyc. 72, sec. 8, par. 182, note 70; Pierce v. Cemetery, 10 R. I. 227, 14 Am. Rep. 667; Keys v. Koupel, 75 Am. St. 427; Church v. Church, 2 Brewst. 372; Price v. Church, 4 Ohio 515; Mitchell v. Thorn, 134 N. Y. 536, 30 Am. St. 699, 32 N. E. 10. (2) Charles…

1Opinion of the CourtJohnson, J.

This is a suit in equity in which plaintiff prays that defendants be enjoined from entering upon Lot 131, Block 4, in Mount Hope cemetery in Jasper county and “from taking up or attempting to take up and remove therefrom the body of Charles Litteral or the casket and box in which said body is encased.” A temporary injunction was issued, and served on defendants and on final hearing, it was made perpetual. Defendants appealed.

Plaintiff lives at Carterville in Jasper county and *309was the father of Charles Litteral. In 1905, the young man married defendant, Pauline, hut for reasons not necessary…

2Cases cited7 opinions

  1. Larson v. ChaseSupreme Court of Minnesota · 1891
  2. Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
  3. Anderson v. AchesonSupreme Court of Iowa · 1907
  4. Weld v. WalkerMassachusetts Supreme Judicial Court · 1881
  5. Hackett v. HackettSupreme Court of Rhode Island · 1893

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3Cited by9 opinions

  1. John Lawyer v. Jefferson D. Kernodle and Upsher Laboratories, Inc., Charles Nall, James Lawson, James CarterCourt of Appeals for the Eighth Circuit · 1983
  2. Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
  3. Patrick v. Employers Mutual Liability Ins.Missouri Court of Appeals · 1938
  4. Hickey v. HickeyIndiana Court of Appeals · 1973
  5. Curlin v. CurlinCourt of Appeals of Texas · 1921

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