Hatton v. Kansas City, Clinton & Springfield Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Son. N. M. Bradley, Judge. (1) The plaintiffs have no such interest as will warrant the exercise of equitable power herein by injunctive process, and there is a plain and adequate remedy at law, the bill on its face being insufficient to constitute a cause of action, (a) Pattison Code Pleading (2 Ed.), sec. 519; State ex rel. v. Wood, 155 Me. 446; Brake Beam Co. v. Bakewell, 224 Mo. 222; Missouri Code Pleading, Pattison (2 Ed.), sec. 536.…
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Appeal from Johnson Circuit Court. — Son. N. M. Bradley, Judge. (1) The plaintiffs have no such interest as will warrant the exercise of equitable power herein by injunctive process, and there is a plain and adequate remedy at law, the bill on its face being insufficient to constitute a cause of action, (a) Pattison Code Pleading (2 Ed.), sec. 519; State ex rel. v. Wood, 155 Me. 446; Brake Beam Co. v. Bakewell, 224 Mo. 222; Missouri Code Pleading, Pattison (2 Ed.), sec. 536. (b) Where there is a plain, adequate and complete remedy at law, a resort to equity is improper. Stalter v. Stalter,…
1Dissent
DISSENTING OPINION.
BOND, J.
The petition charges, in substance, that the defendant railroad at one time constructed a spur from a point on its main line in Cass county to *684the town of Pleasant Hill, in said county; that the servient estate upon which this spur was constructed belonged to the grantors of plaintiffs and is now owned by the respective plaintiffs; that the strip of land upon which this spur track is laid is one hundred feet wide and contains railroad ties, steel and iron rails, bridges, abutments, sidetracks and cattle guards — all of which have become a part of the real estate —…
2Cases cited10 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GeiselIndiana Supreme Court · 1889
- Roanoke Investment Co. v. Kansas City & Southeastern Railway Co.Supreme Court of Missouri · 1891
- Fitchburg Railroad v. FrostMassachusetts Supreme Judicial Court · 1888
- Hunt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
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