Remedies%20Index

• Library: Remedies 2006

Missouri

Remedies

Index

References are to section numbers.

A

Accountings

elements

generally, 13.1, 13.2

complicated nature of account, 13.4

discovery, need, 13.3

fiduciary relationship, 13.5

inadequate remedy at law, 13.6

interlocutory judgment, 13.13

judgment, 13.15

jurisdiction, 13.2

jury trial, 13.1

master

generally, 13.9

motion for appointment, 13.14

parties, 13.9

partnerships, 13.7

petition, 13.10, 13.12

pleadings, 13.2, 13.10, 13.12

powers of attorney, 13.8

procedure, 13.2, 13.9

purpose, 13.1

statute of limitations, 13.9

synopsis, 13.2

trusts, 13.8

Attachment

affidavit, 5.6

bonds, 5.7, 5.10, 5.11

defined, 5.1

dissolution, 5.13

governing law, 5.1, 5.2

hearing, 5.12

jurisdiction, 5.5, 5.11

liability, 5.16

motion to dissolve, 5.13

multiple, 5.14

nature, 5.1

parties, 5.3

priority, 5.14

receiver, 5.15

sale, 5.15

service, 5.9

timing, 5.4

venue, 5.5

writ, 5.8

wrongful, 5.16

C

Cancellation of instruments

generally, 14.1

attorney fees, 14.12

bona fide purchaser, 14.31

burden of proof, 14.10

grounds

generally, 14.12

consideration

failure, 14.22

inadequacy, 14.23

fraud

burden of proof, 14.14

consideration, inadequacy, 14.23

constructive, 14.13, 14.16

direct, 14.13, 14.15

disclosure, duty, 14.15

intent, 14.15

presumed, 14.15, 14.17

misrepresentation, 14.15

mistake, 14.27

undue influence

generally, 14.24

coercion, 14.25

confidential relationship, 14.26

defined, 14.25

fiduciary relationship, 14.26

force, 14.25

joinder of parties, 14.9

jurisdiction, 14.2

jury, role, 14.10

laches, 14.30

parties

indispensable parties, 14.8

joinder, 14.9

real party in interest, 14.7

presumption of reading document, 14.10

remedy, election, 14.11

rescission, distinguished, 14.1

standard of review, 14.10

tender requirement, 14.29

venue, 14.3–14.5

Change of name—see Name change

Constructive trusts

generally, 15.1, 15.16

burden of proof, 15.2

defined, 15.1, 15.16

elements

confidential relationship, breach, 15.18–15.20

fiduciary relationship, breach, 15.18–15.20

fraud, 1.28, 15.17

legal duty, violation

attorney, 15.28

corporate director, 15.26

corporate officer, 15.26

employee, 15.27

guardian, 15.23

insurer, 15.28

life tenant, 15.22

partner, 15.25

personal representative, 15.24

misrepresentation, 15.21

innocent third party, 15.30

joint tenancy accounts, 15.2, 15.16

purpose, 15.16

remedy at law, effect, 15.32

statute of frauds, 15.31

statute of limitations, 15.33

third party, 15.30

tracing property, 15.29

Contempt

civil

appeal, 9.12, 9.42, 9.43

attorney fees, 9.11

burden of proof, 9.5, 9.6

child support cases, 9.6, 9.31

counsel, right to, 9.41

court’s discretion, 9.43

criminal, relationship, 9.22, 9.23

defenses, 9.6

defined, 9.1, 9.3

forms

commitment, 9.56

motion, 9.53

judgment, 9.55

show cause order, 9.54

maintenance cases, 9.6, 9.31

notice, 9.38

order, 9.38

punishment

generally, 9.7

fines

coercive, 9.9

compensatory, 9.10

imprisonment, 9.8

probation, 9.8

purpose, 9.1, 9.2

settlement of main case, effect, 9.29

willfulness, 9.3

commitment, 9.42

criminal

appeal, 9.21, 9.42

bail, 9.42

burden of proof, 9.17

civil, relationship, 9.22, 9.23

counsel, right to, 9.40

criteria, 9.15

defined, 9.1, 9.15

elements, 9.15

failure to appear, 9.15

forms

commitment, 9.52

judgment, 9.51

motion, 9.48

show cause order, 9.49

warrant of attachment, 9.50

jury trial, 9.39

notice, 9.37, 9.42

order, 9.37

parties, 9.16

punishment

generally, 9.18

fine, 9.20

imprisonment, 9.19

purpose, 9.1, 9.13

settlement of main case, effect, 9.30

statute of limitations, 9.14

dissolution of marriage

attorney fees, 9.34

custody, 9.33

maintenance, 9.31

property distribution, 9.32

support, 9.31

visitation, 9.33

due process

generally, 9.38, 9.41

applicability, 9.36

notice

civil, 9.38

criminal, 9.37

order

civil, 9.38

criminal, 9.37

habeas corpus challenge, 8.20, 9.12, 9.21

history, 9.1

injunction violation

generally, 2.34

appeal, effect, 9.28

definiteness of order required, 9.24

knowledge of order required, 9.26

nonparties, 9.25

vague order, 9.27

judge, disqualification, 9.44

judgment, 9.42

jurisdiction, 9.35

rules, 9.45

statutes, 9.46

venue, 9.44

D

Declaratory judgments

attorney fees, 3.3

burden of proof, 3.3

controversy requirement, 3.2

defined, 3.2

dismissal, 3.3

effect on subsequent claims, 3.2

governing law, 3.2

joinder, 3.2, 3.3

jury, 3.3

lack of adequate remedy at law requirement, 3.2

parties, 3.2, 3.3

petition, 3.3

procedure, 3.3

scope of review, 3.3

subjects

administrative agency authority, 3.9

churches, 3.13

contracts, 3.4

conveyances, 3.7

criminal matters, 3.12

elections, 3.13

government actions, 3.9

insurance, 3.5

nonprofits, 3.13

parentage, 3.13

schools, 3.11

statutes, 3.12

tax, 3.10

trusts, 3.6

water rights, 3.7

wills, 3.6

zoning, 3.8

venue, 3.3

E

Ejectment, 7.10

Election contests

associate circuit judges, 11.32

ballot questions

bond, 11.42

constitutional amendments

answer, 11.24

commissioner, 11.25

grounds, 11.20

jurisdiction, 11.21

petition, 11.22

service, 11.23

standing to contest, 11.20

timing, 11.22

costs, 11.42

general

answer, 11.35

appeal, 11.37

jurisdiction, 11.32

petition, 11.33

service, 11.34

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