Sutliff v. Montgomery
Missouri Court of Appeals
Appeal from Cass Circuit Court. — Hon. William L. Jarrott, Judge. (1) Assessment of damages on dissolution of temporary injunction must be made at tbe term of court at which the injunction is dissolved. Hoffman v. Franke, 96 Mo. 533; Sochner v. Hill, 19 Mo. App. 141; Moore v. Mexico, 58 Mo. App. 469; Teans v. Riley, 147 Mo. 453. A. B. Sargent had no notice of the motion and was not in court. (2) The judgment being in favor of H. A. Jones and A. A. Whitsitt, is void.
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Appeal from Cass Circuit Court. — Hon. William L. Jarrott, Judge. (1) Assessment of damages on dissolution of temporary injunction must be made at tbe term of court at which the injunction is dissolved. Hoffman v. Franke, 96 Mo. 533; Sochner v. Hill, 19 Mo. App. 141; Moore v. Mexico, 58 Mo. App. 469; Teans v. Riley, 147 Mo. 453. A. B. Sargent had no notice of the motion and was not in court. (2) The judgment being in favor of H. A. Jones and A. A. Whitsitt, is void. A. A. Whitsitt is not a party to the action. Hence judgment could not be rendered in his favor. H. A. Jones is one of the…
1Opinion of the CourtBroaddus, P. J.
— The matters on this appeal arise upon .the record, and it is worthy of note that the parties differ as to what the record contains. We find upon examination that it is as follows:
The plaintiff commenced suit in the circuit court of Cass county .against W. T. Montgomery, Martha Montgomery, W. W. Montgomery, and E. A. Jones, defendants, in aid of which they sued out an injunction. At the May term of the said court, the principal cause was disposed of and a motion was filed by defendants to dissolve the injunction, which motion during the term was sustained. At the same time, defendants filed…
2Cases cited8 opinions
- Nolan v. JohnsSupreme Court of Missouri · 1891
- Brownlee v. FenwickSupreme Court of Missouri · 1890
- Anderson v. AndersonMissouri Court of Appeals · 1893
- Joplin & Western Railway Co v. Kansas CitySupreme Court of Missouri · 1896
- Loehner v. HillMissouri Court of Appeals · 1885
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- Spaulding & Kimball Co. v. Aetna Chemical Co.Supreme Court of Vermont · 1924
- State Ex Rel. Latshaw v. ReevesMissouri Court of Appeals · 1944
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