Schmidt v. Berghaus
Missouri Court of Appeals
Appeal from Circuit Court of Christian County. — Llon% Fred Stewart, Judge. (1) A remedy by injunction exists when it will prevent the doing of a legal wrong, where no adequate remedy at law exists. Section 2534, R. S. 1909. (2) “A mandatory injunction is usually denied when the plaintiff has a complete remedy by mandamus.” Ettenson v. •Wabash R. Co., 248 Mo. 395. (3) “An injunction cannot be issued to allay the fears and apprehensions of the plaintiff.
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Appeal from Circuit Court of Christian County. — Llon% Fred Stewart, Judge. (1) A remedy by injunction exists when it will prevent the doing of a legal wrong, where no adequate remedy at law exists. Section 2534, R. S. 1909. (2) “A mandatory injunction is usually denied when the plaintiff has a complete remedy by mandamus.” Ettenson v. •Wabash R. Co., 248 Mo. 395. (3) “An injunction cannot be issued to allay the fears and apprehensions of the plaintiff. He must shoiv that the acts against which he asked protection are not only threatened, but in all probability will be committed.” Lester Real…
1Opinion of the CourtFarrington, J.
This is an appeal from the decree of the circuit court of Christian county entered in an injunction proceeding in which the defendants, Commissioners of a Special Road District, are enjoined from spending any funds derived from poll taxes and general road fund taxes of Christian County on macadam or hard surface roads until all public roads in said special road district were in good repair, and a mandatory order on the Commissioners not to spend the money derived and paid in to said Commissioners on all the public roads in said district.
It is charged in the petition that the plaintiffs are…
2Cases cited2 opinions
- Lester Real Estate Co. v. City of St. LouisSupreme Court of Missouri · 1902
- Jasper v. McNeleyMissouri Court of Appeals · 1894