Akins v. Hicks
Missouri Court of Appeals
Appeal from Polk Circuit Court. — Hon. Argus Cox, Judge. (1) The petition states facts sufficient to constitute a cause of action. Light Co. v. Miller, 30 N. E. 23; Railroad v. Hatton Co., Can. S. C. 716. (2) There is no misjoinder of parties plaintiff. Lilly v. Tobbein, 103 Mo. 488; Newmeyer v. Railroad, 52 Mo. 83; Wagner v. Meety, 69 Mo. 150; Bobb v. Bobb, 76 Mo. 422. (3) The prevention of a multiplicity of suits is a distinct ground of equitable relief.
Read the full summary
Appeal from Polk Circuit Court. — Hon. Argus Cox, Judge. (1) The petition states facts sufficient to constitute a cause of action. Light Co. v. Miller, 30 N. E. 23; Railroad v. Hatton Co., Can. S. C. 716. (2) There is no misjoinder of parties plaintiff. Lilly v. Tobbein, 103 Mo. 488; Newmeyer v. Railroad, 52 Mo. 83; Wagner v. Meety, 69 Mo. 150; Bobb v. Bobb, 76 Mo. 422. (3) The prevention of a multiplicity of suits is a distinct ground of equitable relief. Biddle v. Ramsey, 52 Mo. 159; High on Injunction (2 Ed.), sec. 700. (4) The petition must "be measured by the state of affairs existing at…
1Opinion of the CourtBroaddus, J.
Plaintiff’s petition charges that the defendants were successfully operating a canning factory at Fair Play, Missouri, in October, 1898, and prior thereto; that defendant Hicks, acting for himself and the other defendants, went to Humansville, a town in the same county, and with a view of securing a bonus for the purpose of erecting, operating and maintaining a canning factory at Humansville, represented to the citizens and the plaintiffs that an institution of that kind would be a great benefit to the community and that it would be a success, as defendants had successfully operated one at…
2Cases cited2 opinions
- Sharp v. RhielSupreme Court of Missouri · 1874
- Atwood's AdministratorSupreme Court of Missouri · 1860
3Cited by6 opinions
- Fadler v. GabbertSupreme Court of Missouri · 1933
- Massion v. Mt. Sinai CongregationWyoming Supreme Court · 1929
- Bank of Mountain View v. WinebrennerSupreme Court of Missouri · 1946
- Ford v. Sutherland Springs Land & Town Co.Court of Appeals of Texas · 1913
- Doerr-Engel Oil & Supply Co. v. Tide Water Oil Co.Supreme Court of Missouri · 1938
1 more not listed; retrieve them via the Exa API.