Fuller v. Rose
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». W. B. Teasclale, Judge. .(1) The outside walls of a tenement belong to tenant, and the court should have found for appellants. Baldwin v. Morgan, 43 Hun 355, 50 N. Y. Sup. 355; Riddle v. Littlefield, 53 N. H. 503. (2) Injunction was the proper remedy in this case and a mandatory injunction could and should have been issued.
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Appeal from Jackson Circuit Court. — No». W. B. Teasclale, Judge. .(1) The outside walls of a tenement belong to tenant, and the court should have found for appellants. Baldwin v. Morgan, 43 Hun 355, 50 N. Y. Sup. 355; Riddle v. Littlefield, 53 N. H. 503. (2) Injunction was the proper remedy in this case and a mandatory injunction could and should have been issued. High on Injunction (3 Ed.), sec. 708; High on Injunction (3 Ed.), secs. 1135-1142; Dickinson v. Canal Co., 15 Beavan 270; Howard v. Ellis, 4 Sand. Ch. (N. T.) 587. (3) Restrictive covenants may be prevented by injunction. 11 Am.…
1Opinion of the CourtJohnson, J.
— Defendants are the owners of an office building seven stories high located in the business district of Kansas City. Plaintiffs, when this suit was brought, were the lessees of three adjoining rooms-situated on the fifth floor and occupying a space the-*346length of which, east and west, was some thirty feet; the breadth, north and sonth, twelve feet; and the height, twelve feet. These rooms were inclosed on the sonth and east by outer walls and windows therein; on the north and west by partition walls. The ground south of the building was vacant to the street; to the north, it was vacant for a…
2Cases cited14 opinions
- Lowell v. StrahanMassachusetts Supreme Judicial Court · 1887
- State ex rel. Star Publishing Co. v. Associated PressSupreme Court of Missouri · 1901
- McGinley v. Alliance Trust Co.Supreme Court of Missouri · 1902
- Harrington v. WatsonOregon Supreme Court · 1883
- Shawmut National Bank v. City of BostonMassachusetts Supreme Judicial Court · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Reinhardt v. HolmesMissouri Court of Appeals · 1910
- Kretzer Realty Co. v. Thomas Cusack Co.Missouri Court of Appeals · 1916
- Stahl & Jaeger v. SatensteinAppellate Division of the Supreme Court of the State of New York · 1920
- Bell v. WagnerMissouri Court of Appeals · 1944
- Holzhausen v. HoskinsMissouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.