Philippi v. American Brass & Manufacturing Co.

Missouri Court of Appeals

Philippi v. American Brass & Manufacturing Co.

78 S.W. 77, 103 Mo. App. 723, 1904 Mo. App. LEXIS 438

DecidedJanuary 19, 1904

StatusPublished

This text of 78 S.W. 77 (Philippi v. American Brass & Manufacturing Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Philippi v. American Brass & Manufacturing Co., 78 S.W. 77, 103 Mo. App. 723, 1904 Mo. App. LEXIS 438 (Mo. Ct. App. 1904).

Pincite

Opinion

BLAND, P. J.

— This suit is by bill in equity té reform the description of real estate in a written lease and to enjoin the prosecution of a suit of unlawful detainer brought by the defendant against the plaintiff herein. The evidence is wholly insufficient to warrant a reformation of the lease in the manner prayed for by the plaintiff. The unlawful detainer suit was, by the plaintiff therein, prosecuted to a judgment in its favor, from which the defendant (plaintiff herein) appealed to this court. The judgment of the circuit court in the unlawful detainer case has, on the appeal, been affirmed by this court and is final. There is, therefore, nothing left in the controversy to be enjoined, and the judgment of the circuit court is affirmed.

Reyburn, and Goode, JJ.h concur.

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BLAND, P. J.

— This suit is by bill in equity té reform the description of real estate in a written lease and to enjoin the prosecution of a suit of unlawful detainer brought by the defendant against the plaintiff herein. The evidence is wholly insufficient to warrant a reformation of the lease in the manner prayed for by the plaintiff. The unlawful detainer suit was, by the plaintiff therein, prosecuted to a judgment in its favor, from which the defendant (plaintiff herein) appealed to this court. The judgment of the circuit court in the unlawful detainer case has, on the appeal, been affirmed by this court and is final. There is, therefore, nothing left in the controversy to be enjoined, and the judgment of the circuit court is affirmed.

Reyburn, and Goode, JJ.h concur.

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Bluebook (online)

78 S.W. 77, 103 Mo. App. 723, 1904 Mo. App. LEXIS 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philippi-v-american-brass-manufacturing-co-moctapp-1904.