Cantwell v. Johnson
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Hon. Matt G. Reynolds, Judge. " (1) The court tried the case under an erroneous theory as to the issues involved. McDaniels v. Lee, 37 Mo. 204; Woodard v. Mastin, 106 Mo. 324; Eeyburn v. Mitchell, 106 Mo. 365; Savings Inst. v. Colonius, 63 Mo. 292; Greenway v. James, 34 Mo. 326; Northup v. Ins. Co., 47 Mo. 443; Musser v. Adler, 86 Mo. 445; Smalley v. Hale, 37 Mo. 102. (2) The decree of the court is against equity.
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Error to St. Louis City Circuit Court. — Hon. Matt G. Reynolds, Judge. " (1) The court tried the case under an erroneous theory as to the issues involved. McDaniels v. Lee, 37 Mo. 204; Woodard v. Mastin, 106 Mo. 324; Eeyburn v. Mitchell, 106 Mo. 365; Savings Inst. v. Colonius, 63 Mo. 292; Greenway v. James, 34 Mo. 326; Northup v. Ins. Co., 47 Mo. 443; Musser v. Adler, 86 Mo. 445; Smalley v. Hale, 37 Mo. 102. (2) The decree of the court is against equity. It is against the evidence and weight of the evidence. Eeilly v. Cullen, 159 Mo. 322; Chance v. Jennings, 159 Mo. 544; Bresnehan v. Price,…
1Opinion of the CourtLamm, J.
Equity. Suit to enjoin the enforcement of a judgment in favor of defendant and certain executions issued thereon, for an account and for the redemption of certain corporate stock and bonds.
A temporary injunction issued, nisi, which was dissolved- on final hearing and the bill dismissed. Unsuccessful in his -motions for a new trial and in arrest, Cantwell saved his exceptions in a bill settled and allowed, and, on due steps, brings error, giving a supersedeas bond by our leave.
The Pleadings:
Summarized, the bill alleges that at a certain time (in 1902) Johnson loaned Cantwell $4000, taking as…
2Cases cited16 opinions
- Donovan v. BoeckSupreme Court of Missouri · 1909
- Hall v. First National Bank of ChelseaMassachusetts Supreme Judicial Court · 1899
- Murphy v. De FranceSupreme Court of Missouri · 1890
- Cook v. de la GarzaTexas Supreme Court · 1855
- Palmer v. GardinerIllinois Supreme Court · 1875
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Daffin v. DaffinMissouri Court of Appeals · 1978
- Jones v. ArnoldSupreme Court of Missouri · 1949
- Hockenberry v. Cooper County State BankSupreme Court of Missouri · 1935
- Hall v. HallMontana Supreme Court · 1924
- Seven Provinces Insurance v. Commerce & Industry InsuranceDistrict Court, W.D. Missouri · 1975
14 more not listed; retrieve them via the Exa API.