Southern Surety Co. v. Young
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Thomas C. Hennings, Judge. (1) The judgment of the court of June 4, 1912, in the case of Thorpe et al. v. Young et al., was final. Konta v. St. Louis Stock Exchange, 150 Mo. App. 622. A judgment dissolving an injunction is final.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Thomas C. Hennings, Judge. (1) The judgment of the court of June 4, 1912, in the case of Thorpe et al. v. Young et al., was final. Konta v. St. Louis Stock Exchange, 150 Mo. App. 622. A judgment dissolving an injunction is final. (2) The right to assess damages on an injunction bond as against the surety does not arise until after final judgment in the original suit, and until a breach of the bond by the principal. Konta v. St. Louis Stock Exchange, 150 Mo. App. 622; Konta v. St. Louis Stock Exchange, 150 Mo. App. 617; Nolan v.…
1Opinion of the CourtBeckee, J.
The appellant, plaintiff below, sought to restrain the enforcement of an execution and' upon the trial court sustaining the demurrers filed by the defendants, plaintiff declined to plead further and final judgment was rendered dismissing the bill, from which judgment plaintiff appeals.
It appears that Charles H. Thorpe, C. Q. Thorpe and International Electric Piano Company sued John P. Young, Henry H. Oberschelp, Henry H. Oberschelp, trustee, Charles Morrow and F. C. Sharp, as defendants, in the circuit court of St. Louis, to restrain said Young from foreclosing a chattel mortgage before it…
2Cases cited6 opinions
- Nolan v. JohnsSupreme Court of Missouri · 1891
- Swift v. AllenIllinois Supreme Court · 1870
- Pulitzer Publishing Co. v. AllenMissouri Court of Appeals · 1908
- Joplin & Western Railway Co v. Kansas CitySupreme Court of Missouri · 1896
- Konta v. St. Louis Stock ExchangeMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Robertson v. GlennMissouri Court of Appeals · 1920