Moss v. Craft
Supreme Court of Missouri
APPEAL from Jefferson Circuit Court. 1. The Circuit Court erred in dissolving the injunction, because of the insufficiency of said eon» stable Brown’s return in the service and return of the summons against Moss and Shipton, when issued by Wilson, justice of the peace, as to appellant; the Circuit Court, by its decree, should have perpetuated the injunction, because of its insufficiency of the constable’s return. See the 1st vol. of Mo.
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APPEAL from Jefferson Circuit Court. 1. The Circuit Court erred in dissolving the injunction, because of the insufficiency of said eon» stable Brown’s return in the service and return of the summons against Moss and Shipton, when issued by Wilson, justice of the peace, as to appellant; the Circuit Court, by its decree, should have perpetuated the injunction, because of its insufficiency of the constable’s return. See the 1st vol. of Mo. Rep., (republicalion) Charless vs. Mamey, 382,383. 2. The Circuit Court erred in not perpetuating the injunction so far as Moss, the appellant, was concerned,…
1Opinion of the CourtMcBride, J.
■Thomas Moss filed in the Jefferson Circuit Court his bill in chancery making Craft and Hensley defendants, and praying an injunction to restrain the collection of a judgment obtained before a justice of the peace in favor of Craft against him. The bill charges that at a sale of the effects of Jesse Watkins, deceased, by Josiah Craft, as administrator of said estate, one Jesse Shipton purchased property to the amount of $41 33, for which he executed his note, payable twelve months after the date thereof, with the complainant, Moss, as his security. That after the falling due of the note,…
2Cited by3 opinions
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- State ex rel. Colvin v. SixSupreme Court of Missouri · 1883
- Lillard v. ShannonSupreme Court of Missouri · 1875