Legal Opinion

Atterbury v. West

Missouri Court of Appeals

Decided November 15, 1909PublishedCited by 3 opinions

Appeal from the Chariton County Circuit Court. — Hon. Jno. P. Butler, Judge. (1) An injunction cannot have a retro-active effect and where an act has been done, injunction is not the proper remedy and in this case the band stand having been completed' at the time that the suit was brought, injunction will not lie to restrain it or compel its removal.

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Appeal from the Chariton County Circuit Court. — Hon. Jno. P. Butler, Judge. (1) An injunction cannot have a retro-active effect and where an act has been done, injunction is not the proper remedy and in this case the band stand having been completed' at the time that the suit was brought, injunction will not lie to restrain it or compel its removal. Carian v. Wolf, 154 Mo. 539; Owen v. Ford, 49 Mo. 436; Baker v. McDaniel, 178 Mo. 447; Yerden v. St. Louis, 131 Mo. 117; High on Injunctions (3 Ed.), sec. 23; Atty.-Genl. v. Railroad, 3 N. J. E. 136; Railroad v. Dey, 1 L. R. A. 744; Gardiner v.…

1Opinion of the Court

BROADDUS, P. J. —

This is an action by certain property-owners to restrain the alleged unlawful obstruction of a public street in the Incorporated town of Mendon, Missouri, and for a judgment for its removal.

Plaintiffs are joint owners of four lots at the intersection of Main and Third streets in said town upon which there is a building occupied by them as an implement, vehicle and harness store and also for general merchandise purposes. This building fronts on Main street, which is one of the principal thoroughfares of the town, and about seventy-six feet in width between the sidewalks.

Plainti…

2Cases cited3 opinions

  1. Owen v. BaerSupreme Court of Missouri · 1900
  2. Carlin v. WolffSupreme Court of Missouri · 1900
  3. Downing v. CorcoranMissouri Court of Appeals · 1905

3Cited by3 opinions

  1. Oetting v. PollockMissouri Court of Appeals · 1915
  2. Gore v. Whitmore Hotel Co.Missouri Court of Appeals · 1935
  3. Rhodes v. A. Moll Grocer Co.Missouri Court of Appeals · 1936

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