Williams v. School District No. 5
Missouri Court of Appeals
Appeal from Pulaski Circuit Court.— Eon. L. B. Woodside, Judge. (1) Under the evidence the judgment should have been for the; defendants, as the plaintiffs failed to show any right to prosecute the action. Fugate v. McManama, 50 Mo. App. 39; Newmeyer v. Railroad, 52 Mo. 81; Ranney v. Bader, 67 Mo. 476; Dennison v. City of Kansas, 95 Mo. 416; State v. Wood, 155 Mo. 485; Grivens v. Mcllroy, 79 Mo.
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Appeal from Pulaski Circuit Court.— Eon. L. B. Woodside, Judge. (1) Under the evidence the judgment should have been for the; defendants, as the plaintiffs failed to show any right to prosecute the action. Fugate v. McManama, 50 Mo. App. 39; Newmeyer v. Railroad, 52 Mo. 81; Ranney v. Bader, 67 Mo. 476; Dennison v. City of Kansas, 95 Mo. 416; State v. Wood, 155 Mo. 485; Grivens v. Mcllroy, 79 Mo. App.. 671; 1 Spelling on Extraordinary Remedies (2 Ed.), Sec. 614; 2 High on Injunctions (4 Ed.), Sec. 1263; Parody v. School District, 15 Neb. 514, 19 N. W. 633'. (2) Appellant’s contention is that…
1Opinion of the CourtNixon, P. J.
This was an action for an injunction against School District No. 5 and its school directors for the purpose of enjoining and restraining them from moving a schoolhouse from an old to a new site. A temporary injunction was issued by the pro*479bate court and upon final hearing in the circuit court was made perpetual, from which the defendants appealed.
The petition for the injunction states, in substance, for plaintiffs’ cause of action that the school district was properly organized under the laws of the State of Missouri, and that the defendants Cadwell and Joiner were the directors of the…
Also in this document: Concurrence.
2Cases cited7 opinions
- Crampton v. ZabriskieSupreme Court of the United States · 1880
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- Robins v. LathamSupreme Court of Missouri · 1896
- McKinzie v. MathewsSupreme Court of Missouri · 1875
- Davis v. HartwigSupreme Court of Missouri · 1906
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3Cited by1 opinion
- Watson v. KerrSupreme Court of Missouri · 1926