Legal Opinion

State ex rel. South Missouri Pine Lumber Co. v. Dearing

Supreme Court of Missouri

Decided February 24, 1904PublishedCited by 33 opinions

Prohibition. • The trial court, notwithstanding it found that there was no equity in the bill, had the undoubted power by its decree to preserve the status quo pending the appeal in order that irremediable injury might not be inflicted upon the plaintiff.

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Prohibition. • The trial court, notwithstanding it found that there was no equity in the bill, had the undoubted power by its decree to preserve the status quo pending the appeal in order that irremediable injury might not be inflicted upon the plaintiff. It having been shown to the satisfaction of the court, and so found that the Crommers were insolvent, to leave them free to enforce the collection of the notes, the cancellation .of which was an important part of the relief sought in plaintiff’s bill, would operate as a practical denial of plaintiff’s right to an appeal. In making the order…

1Opinion of the CourtBrace, J.

This is a proceeding in prohibition instituted in this court in which the questions to be determined are raised by demurrer to the returns of the respondents.

The facts admitted by the pleadings, material to the present inquiry, are in substance as follows:

In a suit in equity brought by the relator company in the St. Louis City Circuit Court on the 26th of March, 1902, against William Crommer, William F. Crommer, E. P. Ewart, S. C. Newhouse and S. J. Malugan, in which the relator company sought a discovery of, an accounting for, and the recovery of the value of certain shares of relator’s…

2Cases cited25 opinions

  1. Hovey v. McDonaldSupreme Court of the United States · 1883
  2. BUTCHERS'BENEVOLENT ASSOCIATION v. Crescent City Live-Stock Landing and Slaughter-House Co.Supreme Court of the United States · 1870
  3. Price v. BlankenshipSupreme Court of Missouri · 1898
  4. Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
  5. State ex rel. Haeussler v. Court of AppealsSupreme Court of Missouri · 1877

20 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
  2. Merz v. Tower Grove Bank & Trust Co.Supreme Court of Missouri · 1939
  3. Gibson v. SharpSupreme Court of Missouri · 1954
  4. City of Pasadena v. Superior Court of L.A. Cty.California Supreme Court · 1910
  5. State ex rel. Reed v. ElliottSupreme Court of Missouri · 1904

28 more not listed; retrieve them via the Exa API.

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