Breimeyer v. Star Bottling Co.
Missouri Court of Appeals
Appeal from St. Louts City Circuit Court. — Hon. Robt. M. Foster, Judge. There is a misjoinder of parties plaintiff and canses of action. Pomeroy, Eq. Juris. (3 Ed.), sec. 251 1-2; High on Injunctions, sec. 65a; Lumber Co. v. Town, 20 Fed. 422; Tribette v. Railroad, 70 Miss. 182; Turner v. Mobile, 135 Ala. 73. (1) There is nothing before the court on this”' appeal except the record proper. Harding y.
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Appeal from St. Louts City Circuit Court. — Hon. Robt. M. Foster, Judge. There is a misjoinder of parties plaintiff and canses of action. Pomeroy, Eq. Juris. (3 Ed.), sec. 251 1-2; High on Injunctions, sec. 65a; Lumber Co. v. Town, 20 Fed. 422; Tribette v. Railroad, 70 Miss. 182; Turner v. Mobile, 135 Ala. 73. (1) There is nothing before the court on this”' appeal except the record proper. Harding y. Bedoll,. 202 M'o. 625; Land Co. v. Bretz, 125 Mo. 418. (2) Respondents are proper parties to be joined in this action. R. ¡3. 1899, sec. 542; Perkins v. Baer, 95 Mo. App. 70; Newmeyer v.…
1Opinion of the CourtReynolds, P. J.
Suit in equity by Breimeyer and some ten other plaintiffs, individuals, corporation» and partnerships, against the defendant to enjoin it from further taking or using plaintiffs’ respective bottles and siphons. The amended petition on which the-case was tried alleges, that plaintiffs place their beverages upon the market in glass bottles and siphons upon each of which their respective names are distinctly and indelibly blown; that these names have been adopted and used by plaintiffs as trade names, and are of value to plaintiffs in the sale of their goods; that it is a custom of the trade,…
2Cases cited9 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- Sylvester Coal Co. v. City of St. LouisSupreme Court of Missouri · 1895
- Reno v. JarrellSupreme Court of Missouri · 1901
- McCord Rubber Co. v. St. Joseph Water Co.Supreme Court of Missouri · 1904
4 more not listed; retrieve them via the Exa API.
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- St. Paul & Kansas City Short Line Railroad v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1937
- Shelton v. HarrisonMissouri Court of Appeals · 1914
- Repetto v. WaltonSupreme Court of Missouri · 1926
- Doerr-Engel Oil & Supply Co. v. Tide Water Oil Co.Supreme Court of Missouri · 1938
2 more not listed; retrieve them via the Exa API.