Case law

Kays v. City of Versailles

224 Mo. App. 178 · Missouri Court of Appeals · Dec 2, 1929

[Brown v. Carrollton, 122 Mo. App. 276, 281 .] … Co. v. Kansas City, 13 S.

State v. Black

591 S.W.2d 21 · Missouri Court of Appeals · Oct 2, 1979

State v. Hale, 371 S.W.2d 249 (Mo.1963); State v. … State v. Francis, 544 S.W.2d 306, 312 (Mo.App.1976). There was no abuse of discretion.

State ex rel. Karsch v. Camden County

302 S.W.3d 754 · Missouri Court of Appeals · Jan 27, 2010

“An appellate court reviews the findings and conclusions of the [Board] and not the judgment of the trial court.” State ex rel. Teefey v. … As previously related, this Court reviews the evidence in the light most favorable to the Board and we give the Board’s decision “the benefit of all reasonable inferences.” State ex rel. Dotson v. Cty.

Cotton Lumber Co. v. La Crosse Lumber Co.

200 Mo. App. 7 · Missouri Court of Appeals · Jul 12, 1918

The barn boards he furnished were number 3 two grades below what I figured and the boards are rotten, have rotten streaks full length that I showed William I could poke my lead pencil through. … [See Brown v. Knapp & Co., 213 Mo. 655 , l. c. 697, 112 S. W. 474 ; Brown v. Globe Ptg. Co., 213 Mo. 611, 653, 654 .] These assignments of error are therefore ruled against appellant.

Galemore v. Mid-West National Fire & Casualty Insurance Co.

443 S.W.2d 194 · Missouri Court of Appeals · Jun 5, 1969

Vetter v. Browne, 231 Mo.App. 1147 , 85 S.W.2d 197 (1). Cf. Melugin v. Imperial Casualty & Indemnity Co. of Omaha, Neb., Mo.App., 344 S.W.2d 144, 148 (6); Crawford v. General Exchange Ins. … Bain, 46 Mo.App. 581, 592 (6); Poplin v. Brown, 200 Mo.App. 255, 265 , 205 S.W. 411, 414 ; T. J. Moss Tie Co. v. Stamp, Mo.App., 7 S.W.2d 407 , 409 (2). 8 .

Laster v. State Farm Fire & Casualty Co.

693 S.W.2d 195 · Missouri Court of Appeals · May 7, 1985

The testimony at trial was the 1975 truck was used as a source of custom parts (chrome running boards, bed rails, sliding back glass, automatic transmission, air conditioner, AM-FM radio, chrome step bumper, trailer hitch … Byrd v. Brown, 641 S.W.2d 163, 176-77 (Mo.App.1982). Insurer correctly asserts the lack of evidence to support an award for transportation expenses.

State v. Williams

247 S.W.3d 144 · Missouri Court of Appeals · Mar 13, 2008

See State v. … (citing State v. Brown, 939 S.W.2d 882, 883 (Mo. banc 1997)). Where reasonable persons can differ about the propriety of the action taken by the trial court, no abuse of discretion will be found. Id.

Acton v. Jackson County

854 S.W.2d 447 · Missouri Court of Appeals · Mar 9, 1993

See Hoffmann v. Kinealy, 389 S.W.2d 745 (Mo. banc 1965); Brown v. Gambrel, 358 Mo. 192 , 213 S.W.2d 931 (Mo.1948); and Boyce Industries, Inc. v. … Huff v. Board of Adjustment of City of Independence, 695 S.W.2d 166, 168 (Mo.App.1985). The burden of proving a nonconforming use is on the party asserting the right.

Cotter v. Valentine Coal Co.

222 Mo. App. 1138 · Missouri Court of Appeals · Feb 11, 1929

In Brown v. Templeton Coal Co., 137 N. E. (Ind.) 724, the separation apparently was voluntary on the part of both parties, but thereafter the widow refused to live with her husband. In the case of Roberts v. Whaley, L. … Milling Co. v. Industrial Board, 279 Ill. 560 ; Goelitz v. Industrial Board, 278 Ill. 364 .]

Knight v. Mo. Bd. of Prob. & Parole

542 S.W.3d 330 · Missouri Court of Appeals · Nov 21, 2017

State v. Carter , 202 S.W.3d 700 , 706 (Mo. App. W.D. 2006) (quoting State ex rel. Blackwell v. Elrod , 604 S.W.2d 768 , 769 (Mo. App. E.D. 1980) ). … See Frankoviglia v. Centerre Bank of Branson , 791 S.W.2d 7 , 9 (Mo. App.

State of Missouri v. Jeffrey c. McCarty

500 S.W.3d 876 · Missouri Court of Appeals · Oct 4, 2016

See State v. … See United States v.

John Newton v. Missouri Department of Corrections

572 S.W.3d 531 · Missouri Court of Appeals · Apr 16, 2019

board. … Mertens v. Brown, 198 S.W.3d 616, 618 (Mo. banc 2006)). This Court cannot grant relief which Newton was not entitled under the statute. Id.

Frenchie-Westbrook v. Bd. Educ. St. Louis

307 S.W.3d 185 · Missouri Court of Appeals · Mar 23, 2010

Louis City dismissing her petition for judicial review of the Board of Education’s termination decision. The trial court based its dismissal on Ms. … The Board's motion for damages for filing frivolous appeal is denied. The Board also argues that we should dismiss Ms.

SUBSCRIBERS AT AUTO. CLUB, ETC. v. Kennison

549 S.W.2d 587 · Missouri Court of Appeals · Mar 22, 1977

Murphy v. Carron, supra, p. 32 . … Prior v. Hager, 440 S.W.2d 167, 172 [1] (Mo.App. 1969). Brown did not appear or testify in the proceedings, but a long hand statement signed by him was introduced into evidence.

EMERALD POINTE, LLC v. TANEY COUNTY PLANNING COMMISSION and TANEY COUNTY BOARD OF ADJUSTMENT, Defendants-Respondents

Missouri Court of Appeals · Apr 8, 2021

Antioch Community Church v. Board of Zoning Adjustment of the City of Kansas City, 543 S.W.3d 28, 33 (Mo. banc 2018); State ex rel. Teefey v. … Cushman Properties, LLC v. Board of Adjustment of City of Branson, 453 S.W.3d 815, 818 (Mo.App. S.D. 2014) (quoting Rice v. Board of Adjustment of Village of Bel-Ridge, 804 S.W.2d 821, 823 (Mo.App. E.D. 1991)).

Sherman v. Shaughnessy

148 Mo. App. 679 · Missouri Court of Appeals · May 31, 1910

Hoge, secretary, and those three persons were named as the first board of directors. ' At a meeting of the company held February 20, 3904, the stockholders voted to increase the board of directors to five, and Jean P. … Co. v. Jefferson, 57 Minn. 456 ; Clark v. Improvement Co., 57 Ind. 135 ; Thrasher v. Railroad, 25 Ill. 393 ; Gettysberg Nat’l Bank v. Brown, 95 Md. 367 .]

In Re Adams

248 S.W.2d 63 · Missouri Court of Appeals · Apr 15, 1952

In Adams v. Brown, supra, we ruled that because of the lack of notice the decree of adoption was not conclusive upon the father, Carl H. … Adams did have the lawful right thereto, after March 23, 1951 is the necessary and inevitable consequence of our decision in Adams v. Brown, supra, in which we ruled in favor of Carl H.

Sandusky v. Courtney

168 Mo. App. 325 · Missouri Court of Appeals · Feb 17, 1913

the renting and repairing of her real estate, bought and sold real* estate for her, examined titles, drew deeds and wills, had plat vacated and plat drawn and filed, gave in her property to the assessor, appeared before board … [State ex rel. v. Sullivan County Court, 51 Mo. 522 ; State ex rel. v. Webster, 53 Mo. 135 ; Knox County v. Brown, 103 Mo. l. c. 228; Bank v. Leyser, 116 Mo. l. c. 73; Duff v. Fire Assn., 56 Mo.

Mason v. City of Breckenridge Hills

100 S.W.3d 153 · Missouri Court of Appeals · Mar 18, 2003

Brown v. City of O’Fallon, 728 S.W.2d 595, 596 (Mo.App. E.D.1987). On appeal, we review the agency’s decision and not the decision of the circuit court. State ex rel. Hall v. Wolf, 710 S.W.2d 302, 304 (Mo.App. … We presume the correctness of the decision of a city council sitting as a board of impeachment and uphold that decision if it is supported by competent and substantial evidence upon the record as a whole. Fitzgerald v.

Peoples Bank v. Aetna Casualty & Surety Co.

225 Mo. App. 1113 · Missouri Court of Appeals · Oct 5, 1930

[Carroll v. Young, 267 S.W. 436 , 439; Berkshire v. Holcker, 202 Mo. App. 433 , 442, 216 S.W. 556 ; Hart v. Brown, 216 S.W. 552 , 554.] … [Exchange Bank v. Turner, 14 S.W.2d 425 , *Page 1125 432; Luthy v. Ins. Co., 20 S.W.2d 299 ; State ex rel. v. Trimble, 20 S.W.2d 46 ; Carroll v. Ins. Co., 249 S.W. 691 .]