Michael v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cowrt. (1) Plaintiffs’ amended petition manifestly states a cause of action. (2) The prevention of vexatious litigation and of a multiplicity of suits constitutes a favorite ground for the exercise of the jurisdiction of equity by way of injunction. 1 High on Injunctions [2 Ed.] sec. 12, p. 11; Biddle v. Bamsey, 52 Mo. 159. (3) Where no defect appears upon the record of the proceedings, which constitute the cloud upon the title, and the…
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Appeal from St. Louis City Circuit Cowrt. (1) Plaintiffs’ amended petition manifestly states a cause of action. (2) The prevention of vexatious litigation and of a multiplicity of suits constitutes a favorite ground for the exercise of the jurisdiction of equity by way of injunction. 1 High on Injunctions [2 Ed.] sec. 12, p. 11; Biddle v. Bamsey, 52 Mo. 159. (3) Where no defect appears upon the record of the proceedings, which constitute the cloud upon the title, and the defect can only be made to appear by extrinsic evidence, the aid of a court of equity may be invoked to remove the cloud.…
1Opinion of the CourtBrace, J.
This is an action to enjoin the collection of certain several assessments for benefits to the property of plaintiffs, in the matter of the opening of Kosciusko street in said city.
The plaintiffs in their petition, after reciting the proceedings for the condemnation of property for the purpose of showing the amount of damages, and to whom awarded, the amounts severally assessed against the property of plaintiffs for benefits, and the issuance of special tax bills against the property of each of them for the amounts so assessed, allege for their cause of action that the condemnation proceeding…
2Cases cited1 opinion
- City of St. Louis v. RankenSupreme Court of Missouri · 1888
3Cited by15 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Sylvester Coal Co. v. City of St. LouisSupreme Court of Missouri · 1895
- John Calvin Manor, Inc. v. AylwardSupreme Court of Missouri · 1974
- Schubach v. McDonaldSupreme Court of Missouri · 1903
- Gartside v. GartsideSupreme Court of Missouri · 1892
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