Clark v. Henry's Adm'r
Supreme Court of Missouri
APPEAL from Lincoln. POINTS. 1. A court of equity has no jurisdiction, the subject matter being proper for a court of law. 2. The proper parties are not made, and on this bill the court cannot do complete justice. 3. The merits are with the defendant.
1Opinion of the CourtNapton, J.
In 1836, Eleanor Erwin filed her bill in the circuit court of Lincoln county, against Francis Henry, executor of the last will and testament of Malcolm Henry, deceased. The bill was dismissed by the circuit court for want of equity. An ppeal was taken to this court, and the decision of the circuit court for Lincoln county was reversed, and the cause remanded. (See 5 vol. Mo. R. 471.) The substance of the original bill, as well as the grounds of the decision of this court, may be *337found in the report of this case. The complainant subsequently intermarried with one William Clark, who is now a…
2Cited by9 opinions
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- First National Bank v. StamMissouri Court of Appeals · 1914
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