Davis v. Wade
Missouri Court of Appeals
Appeal from the Scott Circuit Court. — Hon. H. C. Riley, Judge. (1) The evidence shows that no judgment could have been given against this plaintiff, defendant in the previous cause, for costs; that defendant had a complete defense to the demand for costs. Murphy v. Smith, 86 Mo. 333, 338; Thompson v. Union Elevator Company, 77 Mo. 520. (2) The court erred in giving judgment dissolving the temporary injunction and dismissing the petition.
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Appeal from the Scott Circuit Court. — Hon. H. C. Riley, Judge. (1) The evidence shows that no judgment could have been given against this plaintiff, defendant in the previous cause, for costs; that defendant had a complete defense to the demand for costs. Murphy v. Smith, 86 Mo. 333, 338; Thompson v. Union Elevator Company, 77 Mo. 520. (2) The court erred in giving judgment dissolving the temporary injunction and dismissing the petition. The judgment for costs was obtained in violation of the agreement of defendant. Sanderson v. Voelker, 51 Mo. App. 328. The judgment was obtained without…
1Opinion of the CourtBond, J.
Plaintiff asked for an injunction restraining the enforcement of an execution issued upon a judgment rendered in the circuit court of Scott county on the twenty-third of October, 1891, in the case of F. M. Forbes v. A. C. Davis, pending in that court upon appeal from a justice.
The causes alleged for injunction are that said judgment was dismissed in said circuit court for failure of the plaintiff therein to prosecute his appeal; that one Stubblefield, who, prior to such dismissal, had represented that he was not an enrolled attorney and had nothing further to do in the matter, procured…
2Cases cited4 opinions
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Brownlee v. FenwickSupreme Court of Missouri · 1890
- Curtis v. CurtisSupreme Court of Missouri · 1873
- Marsh v. MorseSupreme Court of Missouri · 1853
3Cited by5 opinions
- Ellis v. NuckolsSupreme Court of Missouri · 1911
- Missouri, Kansas & Texas Railway Co. v. WardenMissouri Court of Appeals · 1898
- Meierhoffer v. HanselSupreme Court of Missouri · 1922
- Gentry v. Missouri ex rel. ButlerCourt of Appeals for the Eighth Circuit · 1929
- Karrick v. WetmoreCourt of Appeals for the D.C. Circuit · 1905