Albers v. Merchants' Exchange of St. Louis
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hoil Jacob Kleih, Judge. (1) Plaintiff had a perfect remedy at law by writ of mandamus to restore him to membership, and injunction does not lie. Bisbee on Produce Exchanges, p. 67; High on Injunctions, secs. 4, 1194; Fisher v. Board of Trade, 80 Ill. 85; Baxter v. Board of Trade, 83 Ill. 146; Stur-'gess v. Board of Trade, 86 Ill. 441; Goddard v. Merchants ’ Exchange, 9 Mo.
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Appeal from the St. Louis City Circuit Court. — Hoil Jacob Kleih, Judge. (1) Plaintiff had a perfect remedy at law by writ of mandamus to restore him to membership, and injunction does not lie. Bisbee on Produce Exchanges, p. 67; High on Injunctions, secs. 4, 1194; Fisher v. Board of Trade, 80 Ill. 85; Baxter v. Board of Trade, 83 Ill. 146; Stur-'gess v. Board of Trade, 86 Ill. 441; Goddard v. Merchants ’ Exchange, 9 Mo. App. 290. (2) The province of the writ of injunction is- to prevent an anticipated or threatened action, and not to rescind that which is consummated. The injunction in this…
1Opinion of the CourtThompson, J.
This is a proceeding by injunction to restrain the Merchants’ Exchange, of St. Louis, and its directors, from interfering with the rights of plaintiff as a member of such exchange. A preliminary injunction , was *586granted, and this, on final hearing, was made perpetual, and the defendants prosecute this appeal.
The questions presented for decision have been raised entirely by the pleadings, and no question of fact is in dispute. The Merchants’ Exchange, of St. Louis, is a corporation, and the plaintiff is a member of it. The plaintiff was fined in the sum of fifty dollars by the board of…
2Cases cited22 opinions
- Bouldin v. AlexanderSupreme Court of the United States · 1872
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
- Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
- White v. BrownellNew York Court of Common Pleas · 1868
- Master Stevedores' Ass'n v. WalshNew York Court of Common Pleas · 1867
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3Cited by10 opinions
- Brinkerhoff-Farris Trust & Savings Co. v. Home Lumber Co.Supreme Court of Missouri · 1893
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- McConville v. Milk Wagon Drivers' Union, Local No. 226California Court of Appeal · 1930
- Gordon v. MansfieldMissouri Court of Appeals · 1900
- Purdy v. Bankers' Life Ass'nMissouri Court of Appeals · 1903
5 more not listed; retrieve them via the Exa API.