Cohn v. Lehman
Supreme Court of Missouri
Appeal from 8t. Louis Oily Circuit Court. — Hon, W. H. Horner, Judge. (1) The plea is not a good defence in form or substance. 81. Louis Gas Light Co. v. City of St. Louis, 11 Mo. App. 55 ; affirmed, .84 Mo. 202; Moody v. Deutsch, 85 Mo. 237. (2) The plea is bad, in that it avers no facts to show that upon appeal a supersedeas was effected under United States statutes. R. S. U. S., secs. 1000, 1007; 18 U. S. Stat. at Large, 318; U. S. Rules in Equity, No. 93; Adams n.
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Appeal from 8t. Louis Oily Circuit Court. — Hon, W. H. Horner, Judge. (1) The plea is not a good defence in form or substance. 81. Louis Gas Light Co. v. City of St. Louis, 11 Mo. App. 55 ; affirmed, .84 Mo. 202; Moody v. Deutsch, 85 Mo. 237. (2) The plea is bad, in that it avers no facts to show that upon appeal a supersedeas was effected under United States statutes. R. S. U. S., secs. 1000, 1007; 18 U. S. Stat. at Large, 318; U. S. Rules in Equity, No. 93; Adams n. Low, 16 How. [U. S.] 144; Sage v. Railroad, 93 U. S. 417; Hogan v. Ross, 11 Howard [U. S.] 297; Railroad v. Harris, 7 Wall.…
1Opinion of the CourtBrace, J.
—This suit was instituted in the circuit court of the city of St. Louis to recover twenty-five thou*578sand dollars, the penalty in an injunction bond alleged to have been executed by defendants in an equity suit commenced in the United States district court for the •western district of Arkansas, wherein Frederick Kraemer, assignee of Isaac Cohn, bankrupt, was plaintiff, and Isaac Cohn and Mark S. Cohn, plaintiff herein, were defendants. Joseph Wolf was the only defendant served. The condition of said bond, as set out in the petition, is. as follows : “ That, whereas the said Frederick Kraemer,…
2Cases cited15 opinions
- Young v. GrundySupreme Court of the United States · 1810
- Brown v. Galena Mining & Smelting Co.Supreme Court of Kansas · 1884
- Moody v. DeutschSupreme Court of Missouri · 1884
- McAdow v. RossSupreme Court of Missouri · 1873
- Young Men's Christian Ass'n v. DubachSupreme Court of Missouri · 1884
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3Cited by42 opinions
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Finley v. WilliamsSupreme Court of Missouri · 1930
- C. H. Albers Commission Co. v. SpencerSupreme Court of Missouri · 1911
- Nelson v. WallaceMissouri Court of Appeals · 1892
37 more not listed; retrieve them via the Exa API.