Case law

State ex rel. McTague v. McClellan

532 S.W.2d 870 · Missouri Court of Appeals · Jan 6, 1976

Taylor v. Wade, 360 Mo. 895 , 231 S.W.2d 179, 181-2 (en banc 1950). … Hopkins v. Stemmons, 302 S.W.2d 51, 54 [4] (Mo.App.1957) in which the statutory language “shall be given” was interpreted.

State v. Todd

935 S.W.2d 55 · Missouri Court of Appeals · Oct 29, 1996

In addition, Brown testified that the intersection’s design was within standard norms. … Defendant’s witness, Richard Brown, said that the concrete island is not located in or on the roadway and that the intersection’s design was within standard norms. This case is similar to State v. Garrett, supra.

Mitchell v. City of Springfield

410 S.W.2d 585 · Missouri Court of Appeals · Nov 14, 1966

Johnson v. Board of Trustees of Firemen’s Pension Fund of City of Madison, 170 Wis. 154 , 174 N.W. 465 ; State ex rel. King v. … Evans v. Klusmeyer, 301 Mo. 352 , 256 S.W. 1036, 1040 . The subject is discussed with convincing logic in National Labor Relations Board v.

State ex rel. Rabenau v. Beckemeier

436 S.W.2d 52 · Missouri Court of Appeals · Nov 19, 1968

Hence if a Board of Adjustment exceeds the authority granted to it a court on review may, and should, hold the Board’s decision to be illegal and void. State ex rel. Nigro v. … The Missouri cases he cites, Krekeler v. St. Louis County Board of Zoning Adjustment, Mo., 422 S.W.2d 265 ; Fleming v. Moore Brothers Realty Co., 363 Mo. 305 , 251 S.W.2d 8 ; and Veal v.

Reorganized School District, R-II, De Kalb & Andrew Counties v. John

312 S.W.2d 171 · Missouri Court of Appeals · Apr 7, 1958

Reorganized School Dist. etc. v. … Reorganized School Dist., etc. v.

Williams v. Longtown School District No. 71

468 S.W.2d 673 · Missouri Court of Appeals · May 25, 1971

Cleary v. Cleary, Mo., 273 S.W.2d 340 [10-12]. … Peter v. Kaufmann, 327 Mo. 915 , 38 S.W.2d 1062 [5,6]. The only record of the school board, meeting as a board, involving the termination of Mrs.

Vlasak v. Alternative System of the Police Retirement System of St. Louis

435 S.W.2d 726 · Missouri Court of Appeals · Dec 17, 1968

.; Johnson v. Priest, Mo.App., 398 S.W.2d 33 , Heusmann v. Priest, Mo.App., 366 S.W.2d 42 . … Palm v. Southwest Missouri Wholesale Liquor Co., Mo.App., 176 S.W.2d 528 ; Sanderson v. Producers Commission Ass’n., 360 Mo. 571 , 229 S.W.2d 563 ; Scott v. Wheelock Bros., 357 Mo. 480 , 209 S.W.2d 149 .

Ford v. Politte

618 S.W.2d 44 · Missouri Court of Appeals · Jun 9, 1981

Martin v. Yeoham, supra. The case is unlike those relied upon by the appellant, such as Eoff v. … Eoff and such cases as Sharp v.

State v. Hightower

951 S.W.2d 712 · Missouri Court of Appeals · Sep 5, 1997

Officer Brown got out of the patrol car and approached the passenger side of the stopped car. Defendant was in the car. Officer Brown told defendant to get out and put his hands on top of the car. … When defendant got out of the car, Officer Brown took hold of one of his arms. Defendant broke loose and ran. Officer Brown chased defendant.

Frimel v. Humphrey

555 S.W.2d 350 · Missouri Court of Appeals · Aug 8, 1977

Eagleton v. Cameron, 384 S.W.2d 627 (Mo.1964). Furthermore, the denial of a prayer for temporary injunction is not appealable. See Bayer v. Associated Underwriters, Inc., supra, and Goldman v. … Harrod v. Board of Education, City of St. Louis, 500 S.W.2d 1, 6 (Mo.App.1973).

McNeal v. Bequette

571 S.W.2d 657 · Missouri Court of Appeals · Jul 25, 1978

Neither a circuit court nor an appellate court may substitute its judgment for that of the administrative board. State v. Simmons, 299 S.W.2d 540, 542 (Mo.App. 1957). … In addition, the determination of the credibility of witnesses is a matter for the board. E.g., Bd. of Education, Mt. Vernon Schools v. Shank, supra, at 782; Lindsay v. Ford Motor Co., 548 S.W.2d 618, 619 (Mo.App.1977).

Sierk v. Reynolds

484 S.W.2d 675 · Missouri Court of Appeals · Aug 24, 1972

Brown v. Bibb, 356 Mo. 148 , 201 S.W.2d 370, 374 . … No. 1 v. Hunt, 166 Ark. 62 , 265 S.W. 517, 519-521 [1] [2]; Floersheim v. Board of Com’rs of Harding County, *681 28 N.M. 330 , 212 P. 451, 453-454 [1][2][3][4][5]; Ashton v.

Mort v. Trustees of Baker University

229 Mo. App. 632 · Missouri Court of Appeals · Jan 7, 1935

BROWN.” … [See Price v. Maxwell, 28 Pa. 23, 39 ; Teaele’s Estate, 153 Pa. 219 ; Read v. Manning, 30 Miss. 308 ; Hariston v. Hariston, 30 Miss. 276 ; Wheat v. Lacals, 139 Miss. 300 .]

Missouri Veterans Home v. Bohrer

849 S.W.2d 77 · Missouri Court of Appeals · Jan 12, 1993

Fer- *78 rario v. Baer, 745 S.W.2d 193, 195 (Mo. App.1987). This court may not substitute its opinion for that of the Board, and if the evidence supports a finding either way, this court must uphold the Board. … Glasnapp v. State Banking Board, 545 S.W.2d 382, 387 (Mo.App.1976).

Perkins v. Independent School District

99 Mo. App. 483 · Missouri Court of Appeals · Apr 27, 1903

Water Co. v. Aurora, 129 Mo. 540 ; Saleno v. Neosho, 127 Mo. 627 . But plaintiff’s proposition to serve two hours per day for $25 per month was not accepted by the board. … Schell City v. Rumsey, 39 Mo. App. 264 ; Savage v. Springfield, 83 Mo. App. 323 ; Terry v. Board of Education, 84 Mo. App. 21 . The judgment is affirmed. All concur.

Missouri Retired Teachers Foundation v. Estes

323 S.W.3d 100 · Missouri Court of Appeals · Oct 26, 2010

Co., Inc. v. Schneider, 646 S.W.2d 759, 762 (Mo. banc 1983). … Kansas Power & Light Co. v. Pub. Serv. Comm’n, 770 S.W.2d 740, 742 (Mo.App. W.D.1989) (quoting Buechner v. Bond, 650 S.W.2d 611, 614 (Mo. banc 1983)).

Blue Cross & Blue Shield of Kansas City, Inc. v. Nixon

26 S.W.3d 218 · Missouri Court of Appeals · Jun 20, 2000

Article IV Board of Trustees. Section 1. … Brown, Missouri Practice vol. 26, 155-56 (1993) (emphasis added),

Duncan v. Reorganized School District No. R-1

617 S.W.2d 571 · Missouri Court of Appeals · May 4, 1981

This question has been settled by Williams v. Board of Ed., Cass R-VIII Sch. … Kirk v.

Carrick v. Mincke

60 Mo. App. 140 · Missouri Court of Appeals · Jan 2, 1895

Browne on Statute of Frauds, section 372. This rule is announced and followed by the Kansas City court of appeals in the case of Rucker v. Harrington, 52 Mo. … Crain, 67 Mo. 250 , and Lash v. Parlin, 78 Mo. 391, but it is expressly recognized and pointed out by Judge G-antt in his opinion in the recent case of Ringer v. Holtzclaw, 112 Mo. 519 .

Bickl v. Smith

23 S.W.3d 865 · Missouri Court of Appeals · Jun 20, 2000

We agree, On appeal, we review the decision of the Board, not that of the circuit court. Trusler v. Tate, 941 S.W.2d 794, 797 (Mo.App.1997). … Burgdorf v. Board of Police Com’rs, 936 S.W.2d 227, 230 (Mo.App.1996). ’ We give due weight to the Board’s expertise and its opportunity to observe the witnesses. Trusler, 941 S.W.2d at 797 .