Straub v. Simpson
Missouri Court of Appeals
Appeal from the St. Francois Circuit Court. — Hon. James D. Fox, Judge. The trial court erred in overruling defendant’s demurrer, and in entering final judgment upon said demurrer, making the temporary injunction theretofore granted in said cause final and perpetual, after defendants had elected to stand upon said demurrer, and had declined to plead further in said cause.
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Appeal from the St. Francois Circuit Court. — Hon. James D. Fox, Judge. The trial court erred in overruling defendant’s demurrer, and in entering final judgment upon said demurrer, making the temporary injunction theretofore granted in said cause final and perpetual, after defendants had elected to stand upon said demurrer, and had declined to plead further in said cause. Said demurrer should have been sustained by the court, on each and every ground assigned therein and respondent’s petition dismissed. Sayre v. Tomkins, 23 Mo. 443; State v. R’y, 32 Mo. 496-498; Bank v. Meredith, 44 Mo. 500;…
1Opinion of the CourtBond, J.
— The American Crushed Granite Company executed a mortgage on its crusher and other appurtenances to secure a note for $4,000, payable to Prank G. Cossman. Cossman assigned and transferred the note to A. W. Straub. Thereupon the American Crushed Granite Company executed a chattel mortgage to said Straub on the crusher and other property which it had removed to St. Francois county, to secure the payment of said note, on the fourth of December, 1896. This mortgage was duly recorded and contained a clause giving the mortgagee possession, in case of sale or attempt to sell. This property of the…
2Cases cited5 opinions
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Fahy v. GordonSupreme Court of Missouri · 1896
- State ex rel. Jones v. WhiteMissouri Court of Appeals · 1897
- State ex rel. Pate Bros. Moulding Co. v. AlthausMissouri Court of Appeals · 1894
- State ex rel. St. Louis Brewing Ass'n v. MurphyMissouri Court of Appeals · 1895
3Cited by3 opinions
- Ostmann v. FreyMissouri Court of Appeals · 1910
- State Bank of West Union v. KeeneyMissouri Court of Appeals · 1908
- Williams Cooperage Co. v. BollingerMissouri Court of Appeals · 1907