Witthaus v. Washington Savings Bank
Missouri Court of Appeals
Appeal from the Warren County Circuit Court, Edwakds, J. An execution sale will be enjoined where the sale, if made, would cast a cloud on the title of the complainant. Hillard on Injunctions, p. 234; Key v. Mansell, 19 Iowa 305 ; Pixley v. Higgins, 15 Cal. 127; Mechanics’ Banlc «. City of Kansas, 73 Mo. 559 ; 24 Mo. 20; 37 Mo. 228 ; 47 Mo. 474. The appeal should be dismissed. Rev. Stats., sects. 3635, 3636, 3717. An injunction will not lie to restrain a sheriff’s sale.
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Appeal from the Warren County Circuit Court, Edwakds, J. An execution sale will be enjoined where the sale, if made, would cast a cloud on the title of the complainant. Hillard on Injunctions, p. 234; Key v. Mansell, 19 Iowa 305 ; Pixley v. Higgins, 15 Cal. 127; Mechanics’ Banlc «. City of Kansas, 73 Mo. 559 ; 24 Mo. 20; 37 Mo. 228 ; 47 Mo. 474. The appeal should be dismissed. Rev. Stats., sects. 3635, 3636, 3717. An injunction will not lie to restrain a sheriff’s sale. Drake n. Jones, 27 Mo. 428, 433; Kuhn v. McKeil, 47 Mo. 389.'
1Opinion of the CourtThompson, J.
We .perhaps ought to state for the guidance of the clerk of the circuit court in future cases that the record in this case is not properly made up. A great many papers are copied into that portion of the record which precedes the bill of exceptions, which, not being called for by the bill of exceptions, form no part of the record at all. The record proper in a case consists of the pleadings, a memorandum of the return of process, the entry of' judgment and entries of some other orders which emanate from the court. Memoranda of the filing of papers and of the contents thereof form no part of…
2Cases cited6 opinions
- Drake v. JonesSupreme Court of Missouri · 1858
- Kuhn v. McNeilSupreme Court of Missouri · 1871
- Johnson v. Board of EducationSupreme Court of Missouri · 1877
- Tanner v. IrwinSupreme Court of Missouri · 1821
- Harrison v. RushSupreme Court of Missouri · 1851
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3Cited by10 opinions
- Kansas City Cable Railway Co. v. City of KansasMissouri Court of Appeals · 1888
- Bullock v. B. R. Electric Supply Co.Missouri Court of Appeals · 1933
- Wirt v. DinanMissouri Court of Appeals · 1890
- Payne v. Daviess County Savings Ass'nMissouri Court of Appeals · 1907
- Rose v. Township BoardSupreme Court of Missouri · 1901
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