James v. Dixon
Supreme Court of Missouri
■Appeal from Jefferson Circuit Court. This was a petition for an injunction to restrain Dixon from selling and shipping wood on and from the “ Selma landing,” to which the petitioners claimed an exclusive right for that purpose. The petition alleged that the defendants were utterly insolvent.
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■Appeal from Jefferson Circuit Court. This was a petition for an injunction to restrain Dixon from selling and shipping wood on and from the “ Selma landing,” to which the petitioners claimed an exclusive right for that purpose. The petition alleged that the defendants were utterly insolvent. At the hearing, the court found the following'facts : On or about January 23, 1850; Dixon and Skeel entered into a partnership in the business of cutting cord wood and selling it to steamboats on the Mississippi river, and for that purpose took a lease from the owner of the Selma landing, which gave them…
1Opinion of the CourtScott, Judge
'The only circumstance that could have warranted an injunction in this cause, was the alleged insolvency of the defendant. *81As that fact was not found by the court, there was no ground for an injunction. An action in the nature of an action on the case (as the property affected was incorporeal) would have afforded ample redress to the plaintiffs. The case, stripped of the allegation of insolvency, furnished no ground whatever for an injunction. An injunction is not granted to restrain a mere trespass, where the injury is not irreparable and destructive to the plaintiff’s estate; but is…
2Cited by10 opinions
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Weigel v. WalshSupreme Court of Missouri · 1870
- Damschroeder v. ThiasSupreme Court of Missouri · 1872
- Anderson v. City of St. LouisSupreme Court of Missouri · 1871
- Burgess v. KattlemanSupreme Court of Missouri · 1867
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