Elliott v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) There can be no recovery of damages in an injunction suit except on the injunction bond. The right of recovery depends entirely upon the bond. St. Louis v. Gaslight Co., 82 Mo. 349; Teasdale v. Jones, 40 Mo. App. 243; Campbell v. Carroll, 35 Mo. App. 640; Keber v. Bank, 4 Mo.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) There can be no recovery of damages in an injunction suit except on the injunction bond. The right of recovery depends entirely upon the bond. St. Louis v. Gaslight Co., 82 Mo. 349; Teasdale v. Jones, 40 Mo. App. 243; Campbell v. Carroll, 35 Mo. App. 640; Keber v. Bank, 4 Mo. App. 195. (2) The law in force at the time the bond is made is to be considered as incorporated in it, and a part of the contract. Mix v. Vail, 86 111. 40; 2' Am. and Eng. Ency. of Law, 466. Where there is no statute prescribing the conditions of…
1Opinion of the CourtGill, J.
This is an action on an injunction bond given in a suit in the United States circuit court western district of Missouri. On a trial by the lower court without the aid of a jury, plaintiff had judgment for *657$2,000, ánd defendant appealed. The controversy between these litigants arose in the year 1892 when the plaintiff sued the defendant in the circuit' court of Cooper county for an alleged balance of about $37,000 due on certain tie contracts. On defendant’s application that suit was removed into the federal circuit court at Jefferson City, and there this defendant, as complainant, began a…
2Cases cited10 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Meyers v. BlockSupreme Court of the United States · 1887
- Mitchell v. HawleyCalifornia Supreme Court · 1889
- Bein v. HeathSupreme Court of the United States · 1852
- Brownlee v. FenwickSupreme Court of Missouri · 1890
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3Cited by2 opinions
- National Bank of Commerce v. Maryland Casualty Co.Supreme Court of Missouri · 1925
- Merchants Savings & Loan Ass'n v. Ancona Realty Co.Missouri Court of Appeals · 1935