Monroe v. Crawford
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) Tbe temporary writ of injunction was void and tbe whole proceedings invalidated for tbe reason that tbe temporary writ was granted on an application or petition neither signed nbr verified. (2) Injunction will not lie to restrain a road overseer from tearing down and removing a fence in obedience to lawful order of county court.
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Transferred from Kansas City Court of Appeals. (1) Tbe temporary writ of injunction was void and tbe whole proceedings invalidated for tbe reason that tbe temporary writ was granted on an application or petition neither signed nbr verified. (2) Injunction will not lie to restrain a road overseer from tearing down and removing a fence in obedience to lawful order of county court. Eailroad v. Maddox, 92 Mo. 469; Hammerslough v. City of Kansas, 57 Mo. 219; Taylor v. Todd, 48 Mo. App. 550. (3) Tbe defendant, in tbe matter complained of, was tbe agent of tbe county court, and was about to carry…
1Opinion of the CourtBurgess, J.
This case was transferred to this court by the Kansas City Court of Appeals upon the ground that the title to real estate is involved, hence not within the jurisdiction of that court.
The proceeding is to enjoin defendant, who was at the time road overseer of road district number eight in Wilson township, Adair county, the district in which the road in question is located, from opening a road through plaintiff’s lands, in pursuance of an order of the county court of that county made on the twelfth day of October, 1891, upon the ground that the order was made without notice to the parties in…
2Cases cited3 opinions
- Baker v. SquireSupreme Court of Missouri · 1898
- Baubie v. OssmanSupreme Court of Missouri · 1898
- Chicago & Alton Railroad v. MaddoxSupreme Court of Missouri · 1887
3Cited by6 opinions
- State ex rel. Gavin v. MuenchSupreme Court of Missouri · 1910
- Ripkey v. GreshamSupreme Court of Missouri · 1919
- In Re Thomas v. CragheadSupreme Court of Missouri · 1933
- Mitchell v. NicholsSupreme Court of Missouri · 1932
- State ex rel. Shiek v. McElhinneyMissouri Court of Appeals · 1915
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