Konta v. St. Louis Stock Exchange
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Robert M. Foster, Judge. (1) The court erred in permitting the introduction of any evidence or allowing a hearing on the motion to assess damages on the injunction bond without bringing in Konta by notice. The notice to Tenbroek was not notice to Konta. After the lapse of the term at which the dissolution of an injunction occurs, notice to the opposite party of a motion to assess damages is necessary. Roberts v. Imp.
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Appeal from St. Louis City Circuit Court. — No». Robert M. Foster, Judge. (1) The court erred in permitting the introduction of any evidence or allowing a hearing on the motion to assess damages on the injunction bond without bringing in Konta by notice. The notice to Tenbroek was not notice to Konta. After the lapse of the term at which the dissolution of an injunction occurs, notice to the opposite party of a motion to assess damages is necessary. Roberts v. Imp. Co., 126 Mo. 460 ,- Hoffelman v. Franke, 96 Mo. 534; Smith v. Kander, 85 Mo. App. 35; Jackson v. Fulton, 87 Mo. App. 238; Wilson…
1Opinion of the CourtNortoni, J.
This is a proceeding for an assessment of damages against plaintiff and his surety on an injunction bond. The jury awarded defendant a recovery in the amount of five hundred dollars and the surety on the bond prosecutes the appeal.
*620It appears that plaintiff Konta sued ont an injunctiofi against defendant in 1902 and Joseph A. Duffy became surety on the injunction bond. On a hearing, final judgment was given by which the injunction was dissolved, and defendant thereupon, during the same-term of court, filed its motion for an assessment of damages on plaintiff’s bond in accordance with the…
2Cases cited17 opinions
- Nolan v. JohnsSupreme Court of Missouri · 1891
- Schawacker v. McLaughlinSupreme Court of Missouri · 1897
- Jackson v. FultonMissouri Court of Appeals · 1901
- Konta v. St. Louis Stock ExchangeSupreme Court of Missouri · 1905
- Pulitzer Publishing Co. v. AllenMissouri Court of Appeals · 1908
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3Cited by10 opinions
- Albert J. Hoppe, Inc. v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- Baker v. BakerMissouri Court of Appeals · 1955
- Ex Parte Fernbaugh v. ClarkMissouri Court of Appeals · 1942
- Burgess v. BurgessMissouri Court of Appeals · 1945
- Schwarze v. May Department StoresMissouri Court of Appeals · 1962
5 more not listed; retrieve them via the Exa API.