Wabash Railway Co. v. Peterson
Supreme Court of Iowa
Appeal from, Pottawattamie District Court. — Shelby Cullison, Judge. The appellees brought suit against the appellant railway company and another, in a Missouri court, at Kansas City. The appellant obtained a temporary injunction, restraining Peterson and Hess from further promoting the prosecution of said action, and from doing any act or thing in furtherance thereof. The motion to dissolve this injunction was sustained; hence this appeal.
1Opinion of the CourtSalinger, J.
l. injunction : restraint of foreign suit. -I. The petition filed in the Missouri court claims of said railway company $20,000 for damages alleged to have been caused by an assault upon Peterson on the part of one Terrell, while acting as conductor in the employ of said, company; $5,-000 more is claimed on account' of alleged wrongful arrest and imprisonment of Peterson; and $5,000 more for .alleged malicious prosecution of Peterson. The plaintiff contends that the suit is brought in bad faith, and, even if that were not so, there is no good reason why it should not be prosecuted to a…
2Cases cited22 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Atchison, Topeka & Santa Fe Railway Co. v. SowersSupreme Court of the United States · 1909
- First National Bank v. SarllsIndiana Supreme Court · 1891
- Sandage v. Studabaker Bros. Manufacturing Co.Indiana Supreme Court · 1895
- Conkling v. Standard Oil Co.Supreme Court of Iowa · 1908
17 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Chicago, M. & ST. P. RY. CO. v. SchendelCourt of Appeals for the Eighth Circuit · 1923
- Atlantic Coast Line Railroad Co. v. PopeSupreme Court of Georgia · 1952
- Northern Pacific Railway Co. v. Richey & Gilbert Co.Washington Supreme Court · 1925
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ShellyIndiana Court of Appeals · 1930
- Barr v. ThompsonCourt of Appeals of Texas · 1961
13 more not listed; retrieve them via the Exa API.