Powers v. Waters
Supreme Court of Missouri
APPEAL from Benton Circuit Court. That the court erred in making said decree, and in overruling the motion to set it aside. That said decree was made at the return term of said bill, which was erroneous.
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APPEAL from Benton Circuit Court. That the court erred in making said decree, and in overruling the motion to set it aside. That said decree was made at the return term of said bill, which was erroneous. The defendants, T. & C. Waters, were made parties to said bill, because they were the holders of one of the bonds given for the payment of the purchase money; they had a suit pending against plaintiffs to recover part of the purchase money, and plaintiffs prayed that further proceedings in said suit be enjoined. After injunction granted, it would be no breach of the injunction to proceed to…
1Opinion of the Court
Scott, J.,
delivered ike opinion of ike Court.
Powers and Ashley filed their bill in chancery for relief, and an injunction to restrain T. & C. Waters from prosecuting an action at law against them on a bond, which they had executed to Richard B. Heath, and which the said Heath had assigned to the said Waters.
An injunction was granted, staying the proceedings at law. The injunction was prayed for and granted before there was a judgment in the suit at law. T. & C. Waters and others filed their answer to the bill, and thereupon the court dissolved the injunction staying the proceedings at law,…
2Cases cited2 opinions
- Tanner v. IrwinSupreme Court of Missouri · 1821
- Dumond v. MageeNew York Court of Chancery · 1816
3Cited by1 opinion
- Walker v. PritchardIllinois Supreme Court · 1890