Corrigan v. Tiernay
Supreme Court of Missouri
Error to St. Louis City Circuit Court. (1) The decree is broader than the pleadings and is not,warranted by the pleadings. In snch case an appellate court will either reverse or modify the decree. Bank v. Poynts, 60 Mo. 534; Chouteau r.
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Error to St. Louis City Circuit Court. (1) The decree is broader than the pleadings and is not,warranted by the pleadings. In snch case an appellate court will either reverse or modify the decree. Bank v. Poynts, 60 Mo. 534; Chouteau r. Allen, 70 Mo. 290; Boss v. Boss, 81 Mo. 84; White v. Bush, 58 Mo. 105; Cox v. Esteb, 68 Mo. 113; Baldwin v. Whaley, 78 Mo. 187; Newham v. Kenton, 79 Mo. 383. (2) The full scope of the answer asking affirmative relief was in substance only: (a) That defendant purchased the land and built the house. (b) That he was desirous to have the title vested in his…
1Opinion of the CourtBlack, J.
This was an action of ejectment for a lot having a front of about twenty-two feet by a depth of one hundred and thirty-seven feet in St. Louis. The defendant Patrick Tiernay answered by way of a general denial, and then set up an equitable defense, praying for affirmative relief. Issues of fact were submitted to a jury, and on the incoming of a verdict the court made a decree divesting the plaintiffs of the title and investing the same in defendant. The evidence is not preserved in the record before us, and the only question for our consideration is, whether the decree is warranted by the…
2Cases cited6 opinions
- Griffith v. TownleySupreme Court of Missouri · 1878
- Garner v. JonesSupreme Court of Missouri · 1873
- Norton v. HighleymanSupreme Court of Missouri · 1886
- Modrell v. RiddleSupreme Court of Missouri · 1884
- Price v. EstillSupreme Court of Missouri · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
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- Chrisman v. LindermanSupreme Court of Missouri · 1907
- Bains v. BullockSupreme Court of Missouri · 1895
- State Ex Rel. State Highway Commission v. SchwabeSupreme Court of Missouri · 1960
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