Gill v. Ferris
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. The court should have sustained the motion to dissolve the injunction. Mortland v. Holton, 44 Mo. 58. Where several join in a bill, if either is not entitled to relief, the bill must be dismissed as to all. Jones v. Quinnipiack JB’k, 29 Conn. 25; Hudson v. Madison, 12 Sun. 416; High on.Injunc., § 1613. Allowance of demurrer to the whole bill puts an end to injunction obtained.
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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. The court should have sustained the motion to dissolve the injunction. Mortland v. Holton, 44 Mo. 58. Where several join in a bill, if either is not entitled to relief, the bill must be dismissed as to all. Jones v. Quinnipiack JB’k, 29 Conn. 25; Hudson v. Madison, 12 Sun. 416; High on.Injunc., § 1613. Allowance of demurrer to the whole bill puts an end to injunction obtained. No suit was maintainable on the second count of the petition. The court erred in permitting auy_testimony on the bill. The court erred in finding for…
1Opinion of the CourtNorton, J.
On the 24th of June, 1881, the plaintiffs, Thomas M. Gill and Richard W. Gill, filed in the circuit *160court of Audrain county their second amended petition sworn to by T. M. Gill, containing two counts, the first of which is as follows: That prior to March 4th, 1874, they were residents of St. Louis, Mo., and defendant, George L. Perris, was a resident of Mexico, Mo., engaged in the sale of hardware, cutlery, hollow-ware, stoves, manufacturing tinware, selling wagons and agricultural implement business ; that defendant did a large business, and had a large and commanding influence throughout a…
2Cases cited5 opinions
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Campbell v. DentSupreme Court of Missouri · 1873
- Presbury v. Fisher & BennettSupreme Court of Missouri · 1853
- Wiggins v. GrahamSupreme Court of Missouri · 1872
3Cited by20 opinions
- Hursen v. GavinIllinois Supreme Court · 1896
- Schneider v. SchneiderSupreme Court of Missouri · 1941
- Mathias v. O'NeillSupreme Court of Missouri · 1887
- Harris v. TheusSupreme Court of Alabama · 1907
- Thompson v. HoldenSupreme Court of Missouri · 1893
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