Teasdale v. Jones
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) Under the motion to assess damages in this case no judgment for damages could properly be given against any one, because it does not allege there was an injunction bond. Under the injunction bond in this case no judgment for damages could properly be given against the plaintiff, because neither the plaintiff nor his predecessor, as assignee, was a party to the injunction bond.
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) Under the motion to assess damages in this case no judgment for damages could properly be given against any one, because it does not allege there was an injunction bond. Under the injunction bond in this case no judgment for damages could properly be given against the plaintiff, because neither the plaintiff nor his predecessor, as assignee, was a party to the injunction bond. The liability for damages caused by an injunction is a contract liability, and grows out of the injunction bond. KeToer n. Bank, 4 Mo. App. 195;…
1Opinion of the CourtGill, J.
In March, 1884, the respondent Jones owned and held a note for $1,892.50, then past due, and signed by one Reed. Jones also held, as a security for said note, a deed of trust on some real estate in Higgins-ville, Missouri, as also a chattel mortgage on some livery stock in the town of Higginsville. There were prior incumbrances held by another party on both the real and personal propery. Default being made in payment of Jones ’ note, he was proceeding to sell this real estate and personal property, subject to the prior liens, and for that purpose had advertised a public sale, when on March…
2Cases cited9 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Sturgis v. KnappSupreme Court of Vermont · 1860
- Leonard v. Ozark Land Co.Supreme Court of the United States · 1885
- State ex rel. Busch v. DillonSupreme Court of Missouri · 1888
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
- C. H. Albers Commission Co. v. SpencerSupreme Court of Missouri · 1911
- Losee v. CrawfordMissouri Court of Appeals · 1928
- Harless v. Consumers' Gas Trust Co.Indiana Court of Appeals · 1896
- Neiser v. ThomasMissouri Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.