City of St. Louis v. St. Louis Gaslight Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1. The assessment of damages must, in all eases where the injunction is dissolved on final hearing, follow the decree ; and this, whether the injunction was originally granted on motion before hearing, or on interlocutory decree after ]i caring the testimony, (a) This appears from the fact that ■& jury trial is allowed.
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Appeal from St. Louis Court of Appeals. 1. The assessment of damages must, in all eases where the injunction is dissolved on final hearing, follow the decree ; and this, whether the injunction was originally granted on motion before hearing, or on interlocutory decree after ]i caring the testimony, (a) This appears from the fact that ■& jury trial is allowed. R. S. 1879, § 2712. (b) All injunctions are in effect temporary, where there is appeal allowed, until affirmed by the court of last resold, as this case emphatically proves. 2. The fact that no bond was given to obtain the .injunction,…
1Opinion of the Court
Martin, C.
This was a proceeding by motion to assess damages on account of an injunction granted by the St. Louis circuit court upon final hearing and afterwards dissolved by reversal in the Supreme court.
The city of St. Louis instituted a suit in the circuit court, the object of which was to compel the St. Louis Gaslight Company to convey all its works to the plaintiff, to obtain an accounting of the rents and profits of the works and property subsequent to January 1st, 1870, with *352decree of payment of the net balance thereof over expenses, and an order enjoining the company from any further…
2Cases cited8 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Bein v. HeathSupreme Court of the United States · 1852
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
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3Cited by17 opinions
- State ex rel. Busch v. DillonSupreme Court of Missouri · 1888
- Hamilton v. HechtMissouri Court of Appeals · 1957
- State ex rel. Lemke v. Union Light, Heat, & Power Co.North Dakota Supreme Court · 1921
- Young Chun v. RobinsonHawaii Supreme Court · 1912
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Washburn Lignite Coal Co.Supreme Court of the United States · 1920
12 more not listed; retrieve them via the Exa API.