Burnside v. GILLIAM CEMENT. ASS'N OF GILLIAM
Missouri Court of Appeals
1Opinion of the Court
VICTOR C. HOWARD, Judge.
Harold M. Burnside appeals from the trial court’s dismissal of his petition, which sought an equitable accounting and injunc-tive relief against Gilliam Cemetery Association, on the basis that he lacked the legal capacity to bring suit. Burnside’s sole point on appeal is that the trial court erred in dismissing his petition because (1) the action was not a “quo warranto” proceeding governed by § 352.240, but rather the petition properly pled an action for “equitable accounting”; (2) he otherwise had “standing” to maintain the action pleaded under Chapter 610; and (3)…
2Cases cited10 opinions
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Tracy v. BittleSupreme Court of Missouri · 1908
- State ex rel. Brown v. McMillanSupreme Court of Missouri · 1891
- German Evangelical St. Marcus Congregation v. ArchambaultSupreme Court of Missouri · 1966
- Swearingen v. DrydenMissouri Court of Appeals · 2001
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3Cited by3 opinions
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- Wineteer v. Vietnam Helicopter Pilots Ass'nMissouri Court of Appeals · 2003