Kinealy v. Staed
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. (1) The motion to vacate so much of the order granting the temporary injunction as required plaintiff to give bond to the sheriff as trustee, and to cancel said bond, should have been sustained. It imposed upon plaintiff conditions not imposed by statute, and not warranted by law. It compelled plaintiff to submit to an illegal requirement or lose his legal rights.
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Appeal from, the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. (1) The motion to vacate so much of the order granting the temporary injunction as required plaintiff to give bond to the sheriff as trustee, and to cancel said bond, should have been sustained. It imposed upon plaintiff conditions not imposed by statute, and not warranted by law. It compelled plaintiff to submit to an illegal requirement or lose his legal rights. Rubelman Hardware Co. v. Greve, 18 Mo. App. 6, 9, 10.' (2) Plaintiff’s judgment against Patrick Macklin is a valid subsisting claim — a .debt — even if…
1Concurrence
CONCUEBING OPINION.
Bond, J.
I think the ruling of the trial court in sustaining a general demurrer to appellant’s petition, for the reason that it did not state a cause of action, should be affirmed by this court on that ground. According to the allegations of the appellant’s'petition it seeks to enforce a judgment obtained against the respondent, Patrick Macklin, more than ten, and nearly twenty, years before the institution of the present suit.
The alleged equities are that Patrick Macklin is, and has been, insolvent since 1875, and, therefore, the appellant, who became the assignee of said…
2Cases cited4 opinions
- Leggett v. HumphreysSupreme Court of the United States · 1859
- Mullen v. HewittSupreme Court of Missouri · 1890
- Kinzer v. HelmTennessee Supreme Court · 1872
- McClellan v. CrookHigh Court of Chancery of Maryland · 1849