Fears v. Riley
Supreme Court of Missouri
Appeal from Randolph Gircuit Court. — IIoN. JohN A. TIocKaday, Judge. (1) On tlie merits tbe judgment of the court below was wrong. First. The defendant is entitled to equitable relief, because tbe judgment sought to be enjoined is without foundation, is unjust, inequitable, unconscionable and void. Eears, against whom judgment was rendered, was not a party, directly or indirectly, to the publicafion of the alleged libel; was unknown to Laura Eiley, and she to him.
Read the full summary
Appeal from Randolph Gircuit Court. — IIoN. JohN A. TIocKaday, Judge. (1) On tlie merits tbe judgment of the court below was wrong. First. The defendant is entitled to equitable relief, because tbe judgment sought to be enjoined is without foundation, is unjust, inequitable, unconscionable and void. Eears, against whom judgment was rendered, was not a party, directly or indirectly, to the publicafion of the alleged libel; was unknown to Laura Eiley, and she to him. The direct and uncontradicted testimony is that Eears had never been connected with the newspaper publishing the libel, •either…
1Opinion of the CourtMarshall, J.
Injunction to' annul a judgment and to restrain its enforcement.
On the 16th of December, 1890, Laura Riley, a resident of Audrain county, filed a suit in the circuit court of Audrain county, against Tobe Lee, a minor, H. L. Preston and I. H. Laveene, claiming ten thousand dollars damages against defendants, for publishing in the Kansas City Sunday Sun, and circulating a libel concerning her. The defendants were served with process, appeared and pleaded. A guardian ad litem was appointed for Lee, the minor, and he filed a general denial. On June 10th, 1891, defendants Preston and Laveene filed…
2Cases cited13 opinions
- Bates v. HamiltonSupreme Court of Missouri · 1898
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Hamilton v. McLeanSupreme Court of Missouri · 1897
- Payne v. O'SheaSupreme Court of Missouri · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Casper v. LeeSupreme Court of Missouri · 1952
- Munden v. HarrisMissouri Court of Appeals · 1911
- Lieber v. LieberSupreme Court of Missouri · 1911
- Cross v. GouldMissouri Court of Appeals · 1908
- In Re the Estate of HoughSupreme Court of Missouri · 1970
20 more not listed; retrieve them via the Exa API.