Moore v. Mexico Savings Bank
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M.. Hughes, Judge. The motion to assess damages is part of the original case, and, after the lapse of the term at which the motion to dissolve is finally determined, the court loses-all jurisdiction of the case. R. S. 1889, sec. 5500; Loehner v. Hill, 19 Mo. App. 141; Neiser v. Thomas, 46-Mo. App. 47; Hoffelmannv. Franhe, 96 Mq. 533; Nolan v. Johns, 108 Mo. 431.
1Opinion of the CourtBiggs, J.
The plaintiff obtained a temporary injunction against the defendant, restraining it from selling certain lands under execution. At the October term, 1892, the temporary injunction was dissolved and the proceeding dismissed. The motion for a new trial was overruled at the January term, 1893. At the second term of the court thereafter, to wit, the September term, 1893, the defendant filed a'motion for the assessment of damages on the injunction bond. The court declined to entertain the motion, and the defendant has appealed.
The judgment of the circuit court must be affirmed. It is now the…
2Cases cited3 opinions
- Loehner v. HillMissouri Court of Appeals · 1885
- Hoffelmann v. FrankeSupreme Court of Missouri · 1888
- Neiser v. ThomasMissouri Court of Appeals · 1891
3Cited by5 opinions
- Fears v. RileySupreme Court of Missouri · 1898
- Spaulding & Kimball Co. v. Aetna Chemical Co.Supreme Court of Vermont · 1924
- Sutliff v. MontgomeryMissouri Court of Appeals · 1906
- Wabash Railroad v. SweetMissouri Court of Appeals · 1904
- State Ex Rel. Latshaw v. ReevesMissouri Court of Appeals · 1944