Miller v. Staggs
| Decision Date | 22 December 1915 |
| Parties | MILLER et al. v. STAGGS et al. |
| Court | Missouri Supreme Court |
For majority opinion, see 181 S. W. 116.
I dissent from the per curiam opinion: First, because, when it is said that the case is here tried as an equity case, it includes all the incidents thereto, without specially mentioning them; and, second, because this being an equity cause, this court is not bound by any legislation which prescribes the judgment it shall enter. If the Legislature can control the judgment, then the cause is not tried by a court of equity only in name, and the whole proceeding must therefore yield to the statutory judgment to be entered, which would destroy its character as an equitable proceeding.
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8 cases
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Wagner v. Binder
... ... W. 429; Orr v. Rode, 101 Mo. 398, 13 S. W. 1066; Leach v. McFadden, 110 Mo. 587, 19 S. W. 947; Bank v. Payne, 111 Mo. 296, 20 S. W. 41; and Miller v. Wilson, 126 Mo. 54, 28 S. W. 640 ... We have already reviewed the Williams-Edwards Case, which clearly does not support the ... ...
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Texier v. Texier
... ... value, the sale is void. [ Carder v. Culbertson, 100 ... Mo. 269, 13 S.W. 88; Miller v. Staggs, 266 Mo. 449, ... 187 S.W. 1159.] ... ... Crow et al. v. Crow-Humphrey, 335 Mo. 636, 73 S.W.2d ... 807, was to ... ...
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