Bailey v. Wade
Missouri Court of Appeals
Appeal from Hickory Circuit Court, Hon, W. L •Wallace, Judge. The case and facts are stated in the opinion. The petition does not state facts sufficient to constitute a cause of action, nor justify the judgment appealed from, in this: For anything therein appearing, there is a full and adequate remedy at law by an action against defendant and his securities on Ms official bond ; and the injunction should, therefore, be dissolved.
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Appeal from Hickory Circuit Court, Hon, W. L •Wallace, Judge. The case and facts are stated in the opinion. The petition does not state facts sufficient to constitute a cause of action, nor justify the judgment appealed from, in this: For anything therein appearing, there is a full and adequate remedy at law by an action against defendant and his securities on Ms official bond ; and the injunction should, therefore, be dissolved. Stockton v. Hansom, Adrrúr, 60 Mo. 535 ; James v. Dixon, 20 Mo. 79; Burgess v. Eastleman, 41 Mo. 480; Weigel v. Walsh, 45 Mo. 560; Anderson v. SI. Louis, 47 Mo. 474;…
1Opinion of the CourtPhilips, P. J.
The defendant, as constable, levied an execution, from a justice’s court, on a horse, as the property of the respondent. The respondent, plaintiff below, claimed the horse as exempt from execution, and so notified the defendant, constable. On the refusal of the defendant to release the horse, the plaintiff instituted the present action of injunction in the circuit court to enjoin the sale. The petition alleges the facts aforesaid, and charges that the plaintiff, in the event of such sale, would be without adequate remedy at law, and would sustain great damage. On the hearing of this cause the…
2Cases cited13 opinions
- Rowell v. KleinIndiana Supreme Court · 1873
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Leslie v. City of St. LouisSupreme Court of Missouri · 1871
- State Savings Bank v. KerchevalSupreme Court of Missouri · 1877
- Turner v. StewartSupreme Court of Missouri · 1883
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3Cited by4 opinions
- Hombs v. CorbinMissouri Court of Appeals · 1889
- Victor Mining Co. v. Morning Star Mining Co.Missouri Court of Appeals · 1892
- Spitz v. KerfootMissouri Court of Appeals · 1890
- Taylor v. ToddMissouri Court of Appeals · 1892