State ex rel. Hughlett v. Hughes
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon.. Alexander Martin, Special Judge. (1) The remedy by writ of injunction shall exist m all cases to prevent the doing of any legal wrong, whatever, whenever, in the. opinion of tlie court, an adequate remedy cannot be afforded by an action for damages.
Read the full summary
Appeal from Montgomery Circuit Court. — Hon.. Alexander Martin, Special Judge. (1) The remedy by writ of injunction shall exist m all cases to prevent the doing of any legal wrong, whatever, whenever, in the. opinion of tlie court, an adequate remedy cannot be afforded by an action for damages. R. S. Mo. 1879, sec. 2722, p. 457. And so the-inquiry is, can an adequate remedy be afforded in an action for damages, if the acts sought to be restrained are-permitted to be done, and the injunction refused ? ‘ ‘ One of the offices of an injunction is to prevent a multiplicity of suits where the whole…
1Opinion of the CourtBrace, J.
— The Thirty fifth General Assembly passed an act approved April 11, 1889, entitled “An act to repeal section numbered 1147 of article 4, chapter 23, of the Revised Statutes of Missouri, entitled ‘Circuit courts,’ and to enact a new section to be numbered 1147 in lieu thereof providing for the times and places of holding circuit courts in Audrain, Pike, Lincoln and Montgomery counties.” Sess. Acts, 1889, p. 68.
By article 3 of the constitution of this state, the powers of government are divided into three distinct departments: The legislative, executive and judicial. By article 6, section 1,…
2Cases cited6 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
- Bergman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Whallon v. Circuit Judge for Ingham CountyMichigan Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. OrrickSupreme Court of Missouri · 1891
- Graves v. PurcellSupreme Court of Missouri · 1935
- State Ex Rel. Attorney General v. HustonSupreme Court of Oklahoma · 1910
- Buzbee v. HuttonSupreme Court of Arkansas · 1932
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
17 more not listed; retrieve them via the Exa API.