Kearney v. Laird
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon-William B. Homer, Judge. (1) We admit that as a fundamental proposition injunction will not lie to restrain an arrest, hut when the exercise of the. arresting- power exceeds the warrant and authority of law and goes to the extent of committing irreparable and incalculable damage to a man’s property, rights and franchises, then courts of equity may be called upon and will interfere with such action, even though its effect is to…
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Appeal from St. Louis City Circuit Court. — Hon-William B. Homer, Judge. (1) We admit that as a fundamental proposition injunction will not lie to restrain an arrest, hut when the exercise of the. arresting- power exceeds the warrant and authority of law and goes to the extent of committing irreparable and incalculable damage to a man’s property, rights and franchises, then courts of equity may be called upon and will interfere with such action, even though its effect is to enjoin the arrest. Shoe Co. v. Saxey, 131 Mo. 220; State ex rel. v. Zachritz, 166 Mo. 307; Ryan v. Jacobs, Sixth W’k Law…
1Opinion of the CourtNortoni, J.
This is a suit in equity for injunctive relief. The finding and judgment were for defendants and plaintiff prosecutes the appeal.
Plaintiff is the proprietor of a cigar and tobacco store at 407 Walnut street, St. Louis, and defendants are the board of police commissioners and the chief of police of that city. The police officers of the city had recently before made numerous arrests in plain*410tiff’s store on suspicion that the persons arrested were laying wagers on horse races through him, and because of this plaintiff instituted the present suit in equity to enjoin further interference by the…
2Cases cited5 opinions
- Gaines v. ThompsonSupreme Court of the United States · 1869
- Delaney v. . FloodNew York Court of Appeals · 1906
- City of Chicago v. WrightIllinois Supreme Court · 1873
- Wehmeyer v. MulvihillMissouri Court of Appeals · 1910
- State v. BoydMissouri Court of Appeals · 1904
3Cited by6 opinions
- Russo v. MillerMissouri Court of Appeals · 1928
- Selecman v. MatthewsSupreme Court of Missouri · 1929
- State Ex Rel. Igoe v. JoyntSupreme Court of Missouri · 1937
- Wellston Kennel Club v. CastlenSupreme Court of Missouri · 1932
- Monfrino v. Gutelius, MayorOhio Court of Appeals · 1939
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