Reckendorfer v. Roberts
Missouri Court of Appeals
■ Appeal from. Taney Oircnit Court. — Hon. John T. Moore, Judge. (1) The motion of defendants for damages oa appellant’s injunction bond was not sufficient on which to base the judgment rendered thereon by the court. (2) Upon the face of the record of the judgment rendered by the court, without a jury being waived by the parties, the judgment is null and void.
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■ Appeal from. Taney Oircnit Court. — Hon. John T. Moore, Judge. (1) The motion of defendants for damages oa appellant’s injunction bond was not sufficient on which to base the judgment rendered thereon by the court. (2) Upon the face of the record of the judgment rendered by the court, without a jury being waived by the parties, the judgment is null and void. E. S 1909, sec. 2524'; Briggs v. Railway, 111 Mo. 168-175; Cox So Slingsby v. Moss, 53 Mo. 432; Scott v. Russell, 39 Mo. 437; Batteston v. Sims, 73 Mo. App. 351. (3) Appellant purchased the timber upon the lands described in plaintiff’s…
1Opinion of the CourtFarrington, J.
This was a suit brought by the plaintiff to enjoin the defendants from doing certain acts, and a temporary injunction was issued. On filial hearing, however, this was dissolved, and a motion was subsequently filed by the defendants asking that damages be assessed on the injunction bond. An attorney’s fee of fifty dollars was allowed by the court and judgment rendered therefor in favor of the defendants.
Plaintiff has attempted to appeal the entire case — ■ both on the merits and on the motion. The record shows that the judgment on the merits was entered by the court on April 26, 1912; that a…
2Cases cited4 opinions
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Bank of Monett v. HowellMissouri Court of Appeals · 1899
- Brown v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1897
- Batterton v. SimsMissouri Court of Appeals · 1898
3Cited by2 opinions
- Hagemann v. PinskaMissouri Court of Appeals · 1931
- Walker v. Modern Woodmen of AmericaMissouri Court of Appeals · 1915