Baumhoff Herkert v. Grueninger
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis County.— Hon Gustavus A. Wurdeman, Judge. (1) The trial court erred in refusing to allow appellant Schibi interest at six per cent on the amount enjoined in the Sheriff’s hands, from the date of the restraining order, October 18, 1911, to the date of the dissolution of the injunction on July 23, 1915-, a period of three years, nine months and five days.
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Appeal from the Circuit Court of St. Louis County.— Hon Gustavus A. Wurdeman, Judge. (1) The trial court erred in refusing to allow appellant Schibi interest at six per cent on the amount enjoined in the Sheriff’s hands, from the date of the restraining order, October 18, 1911, to the date of the dissolution of the injunction on July 23, 1915-, a period of three years, nine months and five days. For manifestly Mr. Schibi was, by the injunction, deprived of the use of his money for that length of time. Be was entitled to his money on the day the restraining order was granted. By that order it…
1Opinion of the Court
This suit is founded upon a motion to assess damages on an injunction bond, upon the dissolution of an injunction.
On the eighteenth of October, 1911, the respondents herein, filed in the Circuit Court of St. Louis County, a bill in equity, asking among other things, that a temporary restraining order be issued, enjoining and restraining John Grueninger, Jr., Sheriff, from paying any part of a sum of money amounting to $10,000, with interest thereon, to Charles Schibi, his agents, attorneys or assigns. Grueninger, as sheriff, had received this money in satisfaction of a judgment which said…
2Cases cited3 opinions
- State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
- C. H. Albers Commission Co. v. SpencerSupreme Court of Missouri · 1911
- Buford v. Keokuk Northern Line Packet Co.Missouri Court of Appeals · 1876
3Cited by1 opinion
- Weil v. Richardson.Missouri Court of Appeals · 1931