Fears v. Riley
Supreme Court of Missouri
Transferred from Kansas Gity Gourt of Appeals.- (1) Tbe defendants in error, having asked no damages in their pleadings, and no damages having been allowed or decreed, can not afterward maintain a motion for an ad-ditional judgment for damages. A motion to assess damages may be allowed where damages had been called for by the pleadings and decreed. State ex rel. v. Beck, 36 Mo. App. 117; Hoffelmann v. Franke, 96 Mo. 533; Moore v. Bank, 58 Mo.
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Transferred from Kansas Gity Gourt of Appeals.- (1) Tbe defendants in error, having asked no damages in their pleadings, and no damages having been allowed or decreed, can not afterward maintain a motion for an ad-ditional judgment for damages. A motion to assess damages may be allowed where damages had been called for by the pleadings and decreed. State ex rel. v. Beck, 36 Mo. App. 117; Hoffelmann v. Franke, 96 Mo. 533; Moore v. Bank, 58 Mo. App. 470. (2) It was error to give defendants jndgment, in the first instance, on the injunction bond, against the sureties; the statutory condition of…
1Opinion of the CourtMarshall, J.
— This case grows out of a case be-
tween tbe same plaintiff and defendants for an injunction to declare void and enjoin tbe enforcement of a judgment for $10,000 in favor of Laura Eiley and against John C. Bears, and involves tbe assessment of damages on tbe injunction bond given in that case for a temporary injunction. After tbe dissolution of tbe injunction, and tbe decree dismissing tbe bill and during tbe same term, Laura Eiley filed .a motion for tbe assessment of her damages on tbe injunclion bond, laying them at $1,600, and at tbe succeeding term Laura Eiley filed an additional motion…
2Cases cited6 opinions
- Dorriss v. CarterSupreme Court of Missouri · 1878
- Loehner v. HillMissouri Court of Appeals · 1885
- Hoffelmann v. FrankeSupreme Court of Missouri · 1888
- Moore v. Mexico Savings BankMissouri Court of Appeals · 1894
- St. Louis Zinc Co. v. HesselmeyerSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- C. H. Albers Commission Co. v. SpencerSupreme Court of Missouri · 1911
- Konta v. St. Louis Stock ExchangeMissouri Court of Appeals · 1910
- Sutliff v. MontgomeryMissouri Court of Appeals · 1906
- Humphrey Manufacturing Co. v. City of ElkinsWest Virginia Supreme Court · 1923
- Helmkampf v. WoodMissouri Court of Appeals · 1900
4 more not listed; retrieve them via the Exa API.