Kennedy's Administratrix v. Hammond
Supreme Court of Missouri
Error to St. Louis Circuit Court. Ou November 6th, 1847, James Kennedy filed his bill of complaint in the Circuit Court for the county of; St. Louis, sitting in equity, against the defendants, setting forth that Elisha Hall, Judson Allen and Joshua J. Childs, by their deed dated May 15th, 1846, conveyed to John R. Hammond, certain ground, with a steam saw mill thereon, in the city of St. Louis, leased by them from William Chambers for ten years, together with the lumber,…
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Error to St. Louis Circuit Court. Ou November 6th, 1847, James Kennedy filed his bill of complaint in the Circuit Court for the county of; St. Louis, sitting in equity, against the defendants, setting forth that Elisha Hall, Judson Allen and Joshua J. Childs, by their deed dated May 15th, 1846, conveyed to John R. Hammond, certain ground, with a steam saw mill thereon, in the city of St. Louis, leased by them from William Chambers for ten years, together with the lumber, tools, &c., on the premises, in trust to secure the payment of two certain notes, made by said Hall, Allen and Childs to…
1Opinion of the CourtRylaND, Judge
From the above statement, the assessment of damages upon the dissolution of the injunction, becomes the main point for the consideration of this court.
This injunction cannot be said to be a proceeding to restrain the collection of money, in this case. Here, there was no judgment at law, the enforcement of which, by execution, was restrained and enjoined. Sections 11 and 13 of the act concerning injunctions, Rev. Code, 1845, are as follows :
“ Sec. 11. No injunction shall issue in any case, until the complainant execute a bond with sufficient security, to the other party, in such sum as the…
2Cases cited4 opinions
- Gardner v. HearttNew York Supreme Court · 1846
- Glover v. PaynNew York Supreme Court · 1838
- Mussina v. BartlettSupreme Court of Alabama · 1838
- Bank of Rome v. MottNew York Supreme Court · 1837
3Cited by14 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Yellen v. Fidelity & Casualty Co. of New YorkCalifornia Court of Appeal · 1931
- Meysenburg v. SchlieperSupreme Court of Missouri · 1871
- Dorriss v. CarterSupreme Court of Missouri · 1878
- State Ex Rel. Meadow River Lbr. Co. v. Marguerite Coal Co.West Virginia Supreme Court · 1927
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