Legal Opinion

State ex rel. Kleinschmidt v. Jones

Supreme Court of Missouri

Decided March 1, 1919PublishedCited by 2 opinions

Appeal from Jefferson Circuit Court. — Hon. E. M. D earing, Judge. (1) Every offense mentioned in relator’s petition for an injunction was an ordinary crime — not a public nuisance. Hence the court of equity is without jurisdiction to afford relief. Ex parte Laymaster, 260 Mo. 613. (2) The circuit court, on petition of prosecuting attorney, was without jurisdiction to grant temporary injunction until plaintiff gave bond.

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Appeal from Jefferson Circuit Court. — Hon. E. M. D earing, Judge. (1) Every offense mentioned in relator’s petition for an injunction was an ordinary crime — not a public nuisance. Hence the court of equity is without jurisdiction to afford relief. Ex parte Laymaster, 260 Mo. 613. (2) The circuit court, on petition of prosecuting attorney, was without jurisdiction to grant temporary injunction until plaintiff gave bond. State ex rel. v. Williams, 221 Mo. 227; R. S. 1909, sec. 2522; Akin v. Rice, 137 Mo. App. 147. (3) There is no proof that defendant had knowledge of any of the offenses…

1Opinion of the CourtGraves, J.

Upon a division of opinion in the St. Louis Court of Appeals, this case was duly certified to this court in pursuance of constitutional provisions. By a sufficient petition, the prosecuting attorney of Jefferson County sought to enjoin the defendant from further running and maintaining a wholesale liquor house in a little place called Melzo in his county. Defendant was a licensed wholesale dealer in liquors under the Act of 1917, p. 318. The temporary injunction upon trial and hearing was made permanent, and defendant appealed to the St. Louis Court of Appeals, from whence the case comes here…

2Cases cited2 opinions

  1. State ex rel. Crow v. CantySupreme Court of Missouri · 1907
  2. State ex rel. Thrash v. LambSupreme Court of Missouri · 1911

3Cited by2 opinions

  1. State Ex Rel. Burns v. ShainSupreme Court of Missouri · 1923
  2. State ex rel. Davenport v. HenryMissouri Court of Appeals · 1954

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