exhaustive analysis in Missouri

1995STANDARD OF REVIEW The Missouri Supreme Court provided an exhaustive analysis of summary judgment practice and review in its opinion in ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp., 854 S.W.2d 371 (Mo. banc 1993).

1995Corp. v. Mid-America Marine Supply Corp., 854 S.W.2d 371 (Mo. banc 1993).

1996In Davis v. Research Medical Center, 903 S.W.2d 557 (Mo.App.1995), the Western District, after an exhaustive analysis of the guidelines governing appellate review of issues of fact in a workers’ compensation case, summarized its findings thusly: “[T]he standard of review of an award of the Commission is as follows.

1985See In re Estate of Fessler, 100 Wis.2d 437 , 302 N.W.2d 414 (1981); Gano Farms, Inc. v. Estate of Kleweno, 2 Kan.App.2d 506 , 582 P.2d 742 (Kan.App.1978).

1985See In re Estate of Fessler, 100 Wis.2d 437 , 302 N.W.2d 414 (1981); Gano Farms, Inc. v. Estate of Kleweno, 2 Kan.App.2d 506 , 582 P.2d 742 (Kan.App.1978).

1984In Baker , this court, after an exhaustive analysis of relevant cases from other jurisdictions, found the following factors “to be important in the evidentiary matrix surrounding the defense: 1) a present and imminent danger, the definition of danger being based upon the facts of a defendant’s confinement and the imminence of the danger not being solely based on a time interval but upon the entire fact situation; 2) exhaustion of remedies or evidence that attempts to do so had been futile and that the imminence of danger of threatened harm is such that no alternative is available; 3) evidence

1984In Baker , this court, after an exhaustive analysis of relevant cases from other jurisdictions, found the following factors "to be important in the evidentiary matrix surrounding the defense: 1) a present and imminent danger, the definition of danger being based upon the facts of a defendant's confinement and the imminence of the danger not being solely based on a time interval but upon the entire fact situation; 2) exhaustion of remedies or evidence that attempts to do so had been futile and that the imminence of danger of threatened harm is such that no alternative is available; 3) evidence

1981In an exhaustive analysis of cases from various jurisdictions, this court concluded in Camden Special Road District of Ray County v. Taylor, 495 S.W.2d 93 (Mo.App.1973) that Missouri accepts the so-called modified “common enemy doctrine” as respects surface waters.

1976Co. v. Brimson Drainage Dist., 362 Mo. 869 , 245 S.W.2d 75 (1952).

1976Co. v. Brimson Drainage Dist., 362 Mo. 869 , 245 S.W.2d 75 (1952).

1956On the subject of “What is a Public Use” see 29 C.J.S., Eminent Domain, § 31, pp. 823-828, and cases cited under note 36; also see Bowman v. Kansas City, 361 Mo. 14 , 233 S.W.2d 26 , loe. cit. 32, 33(11).

1956On the subject of “What is a Public Use” see 29 C.J.S., Eminent Domain, § 31, pp. 823-828, and cases cited under note 36; also see Bowman v. Kansas City, 361 Mo. 14 , 233 S.W.2d 26 , loe. cit. 32, 33(11).

1956Therein, and on somewhat analogous facts, after an exhaustive analysis of the cases, particularly Virginia Railway & Power Co. v. Dressler, 132 Va 342, 111 S.E. 243 , 22 A.L.R. 301 , this pronouncement appears, 71 S.W.2d loc. cit. 707: “While, as above stated, there appears to be some contrariety of judicial opinion as to the exact status of a person while making a transfer from one of the carrier’s vehicles to another, we have been cited to no case holding that the carrier would be liable for the bad condition of a public street or sidewalk used in making the transfer, such condition not bein

1956Therein, and on somewhat analogous facts, after an exhaustive analysis of the cases, particularly Virginia Railway & Power Co. v. Dressler, 132 Va 342, 111 S.E. 243 , 22 A.L.R. 301 , this pronouncement appears, 71 S.W.2d loc. cit. 707: “While, as above stated, there appears to be some contrariety of judicial opinion as to the exact status of a person while making a transfer from one of the carrier’s vehicles to another, we have been cited to no case holding that the carrier would be liable for the bad condition of a public street or sidewalk used in making the transfer, such condition not bein

1942"An exhaustive analysis would show, I think, that all instances of constructive trusts properly so called may be referred to what equity denominates fraud, either actual or constructive, as an essential element, and as their final source." 4 Pomeroy, Equity Jurisprudence, Sec. 1044, p. 94; Young v. Kansas City Life Insurance Co., 329 Mo. 130 , 43 S.W.2d 1046 ; Ferguson v. Robinson, 258 Mo. 113 , 167 S.W. 447 .

1942"An exhaustive analysis would show, I think, that all instances of constructive trusts properly so called may be referred to what equity denominates fraud, either actual or constructive, as an essential element, and as their final source." 4 Pomeroy, Equity Jurisprudence, Sec. 1044, p. 94; Young v. Kansas City Life Insurance Co., 329 Mo. 130 , 43 S.W.2d 1046 ; Ferguson v. Robinson, 258 Mo. 113 , 167 S.W. 447 .

1942"An exhaustive analysis would show, I think, that all instances of constructive trusts properly so called may be referred to what equity denominates fraud, either actual or constructive, as an essential element, and as their final source." 4 Pomeroy, Equity Jurisprudence, Sec. 1044, p. 94; Young v. Kansas City Life Insurance Co., 329 Mo. 130 , 43 S.W.2d 1046 ; Ferguson v. Robinson, 258 Mo. 113 , 167 S.W. 447 .

1942"An exhaustive analysis would show, I think, that all instances of constructive trusts properly so called may be referred to what equity denominates fraud, either actual or constructive, as an essential element, and as their final source." 4 Pomeroy, Equity Jurisprudence, Sec. 1044, p. 94; Young v. Kansas City Life Insurance Co., 329 Mo. 130 , 43 S.W.2d 1046 ; Ferguson v. Robinson, 258 Mo. 113 , 167 S.W. 447 .