Gildersleeve v. Overstolz
| Decision Date | 16 December 1902 |
| Citation | 97 Mo. App. 303,71 S.W. 371 |
| Parties | GILDERSLEEVE v. OVERSTOLZ. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis circuit court; O'Nell Ryan, Judge.
Suit by Edward Gildersleeve against H. Overstolz. Judgment for defendant. Plaintiff appeals. Affirmed.
H. N. Moore, for appellant. Schlenberg & Meyer, for respondent.
This is a suit for an injunction to restrain the defendant from committing a trespass and waste on premises at No. 106 North Broadway, in the city of St. Louis, occupied by plaintiff as lessee. An examination of the evidence preserved in the bill of exceptions utterly fails to show that plaintiff did not have an adequate remedy at law. On the other hand, an examination of the records and proceedings of this court — of which we take judicial notice — shows that plaintiff sued for and recovered of defendant all the damages he sustained by reason of the trespass, and punitive damages in addition thereto. Gildersleeve v. Overstolz (St. L.) 90 Mo. App. 518. The evidence further shows that, after plaintiff was formally turned out of the premises, he never regained possession thereof. One out of possession cannot maintain injunction for a trespass to real estate. Powell v. Canaday (Mo. App.) 69 S. W. 686.
The judgment is affirmed.
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Ralph D'Oench Co. v. St. Louis County Cleaning & Dyeing Co.
... ... before it is between the same parties and the issues are ... moot. Knorp v. Thompson, 352 Mo. 44, 175 S.W.2d 889; ... Gildersleeve v. Overstolz, 97 Mo.App. 303, 71 S.W ... 371; Odom v. Langston, 356 Mo. 1140, 205 S.W.2d 518; ... Bistol v. Fischel, 81 Mo.App. 367; Sec. 842.2, ... ...
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