Kansas City, Clay County & St. Joseph Ry. Co. v. Young
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hoto. W. K. * Amick, Judge. (1) It was error to grant the preliminary restraining order upon the reading of the petition. The verification was insufficient. The affiant only swore to his belief, not to the truth of the facts stated.
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Appeal from Buchanan Circuit Court. — Hoto. W. K. * Amick, Judge. (1) It was error to grant the preliminary restraining order upon the reading of the petition. The verification was insufficient. The affiant only swore to his belief, not to the truth of the facts stated. Dine-hart v. Lafayette, 19 Wis.723; Shonk v. Knight, 12 W, Ya. 679,- Bank v. Skinner, 9 Paige 304 ; 2 High on Injunctions, Sec. 1567, 1569; 1 Spelling- on Injunctions, Sec. 29 and 25, note 2, p. 40. (a) It was error for the court to refuse the defendant a hearing on the application to grant the temporary injunction, when…
1Opinion of the CourtEllison, J.
Plaintiff seeks to enjoin the defendant from interfering with its work in the construction of a roadbed through his land for an electric line of railway between Kansas City and St. Joseph, Missouri. The trial court, after a hearing of the merits, issued a permanent injunction.
It appears that defendant owns a farm through which it was proposed to run the railway; and the parties, on the 11th day of September, 1911, entered into a written contract in the nature of a deed whereby, defendant conveyed a right of way through his,premises to plaintiff in consideration of one dollar and the further…
2Cases cited4 opinions
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Messersmith v. MessersmithSupreme Court of Missouri · 1856
- Tetley v. McElmurrySupreme Court of Missouri · 1907
- Coleman v. Caldwell County Mutual Fire InsuranceMissouri Court of Appeals · 1907