Conrad v. Boogher
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Ron. George H. Shields, Judge. (I) This being an equitable suit, this court will, under the .well-established procedure in equity, try the case de novo. (2) • The court erred in admitting testimony as to the use to which one of the defendants, a physician, put the porte-cochere.
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Appeal from the Circuit Court of the City of St. Louis. —Ron. George H. Shields, Judge. (I) This being an equitable suit, this court will, under the .well-established procedure in equity, try the case de novo. (2) • The court erred in admitting testimony as to the use to which one of the defendants, a physician, put the porte-cochere. If the building, as it stands, constitutes a violation of the covenant, or, on the other hand, does not constitute such a violation, it continues to be such regardless of its occupancy. It is such even though it be unoccupied; though it be occupied by a lawyer,…
1Opinion of the CourtAllen, J.
— This is a. suit in equity whereby it is sought to restrain the defendants from maintaining a certain structure alleged to consist of a garage with a room above the same, upon a lot of ground belonging to the defendant Nina C. Boogher, wife of her co-defendant Dr. Frank Boogher; it being alleged that said structure is located within five feet of the line of plaintiff’s adjoining lot in violation of certain building restrictions. The trial court entered a decree in favor of plaintiff, ordering defendants to remove the structure and perpetually enjoining and restraining them from constructing…
Also in this document: Concurrence.
2Cases cited11 opinions
- Hutchinson v. UlrichIllinois Supreme Court · 1893
- King v. St. Louis Union Trust Co.Supreme Court of Missouri · 1910
- Hartman v. WellsIllinois Supreme Court · 1912
- Gibson v. ShullSupreme Court of Missouri · 1913
- Kitchen v. HawleyMissouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gardner v. MaffittSupreme Court of Missouri · 1934
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- Glenmore Distilleries Co. v. FiorellaCourt of Appeals of Kentucky (pre-1976) · 1938
- Hiatt Investment Co. v. BuehlerMissouri Court of Appeals · 1929
- Strauss v. J. C. Nichols Land Co.Supreme Court of Missouri · 1931
4 more not listed; retrieve them via the Exa API.