Bornschein v. Finck
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Ltndley, J. Injunction will not lie to restrain a court from doing that which on ac~ count of want of jurisdiction would be a nullity. — Sayre v. Tompkins, 23 Mo. 443; The State v. Railroad Go., 32 Mo. 496. The petition fails'to allege what defence he has, if any, to the bill sued on. — Smith v. D’Lashmutt, 4 Mo. 103; Duncan v. Gibson, 45 Mo. 352. It was defendant’s duty to. raise the point before the justice, and failing to do so, he…
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Appeal from the St. Louis Circuit Court, Ltndley, J. Injunction will not lie to restrain a court from doing that which on ac~ count of want of jurisdiction would be a nullity. — Sayre v. Tompkins, 23 Mo. 443; The State v. Railroad Go., 32 Mo. 496. The petition fails'to allege what defence he has, if any, to the bill sued on. — Smith v. D’Lashmutt, 4 Mo. 103; Duncan v. Gibson, 45 Mo. 352. It was defendant’s duty to. raise the point before the justice, and failing to do so, he cannot attack the judgment. —Montgomery v. Farley, 5 Mo. 235 ; Fulkerson v. Davenport, 70 Mo. 541. The justice was…
1Opinion of the CourtLewis, P. J.
A judgment was rendered against the present plaintiff in favor of defendant Finck, before defendant Yon Gerichten, a justice of the peace. An execution was issued and placed in the hands of defendant Hruska, as constable, who thereupon summoned C. G. Stifel as a garnishee. The present proceeding is to restrain the defendants, by injunction, from further attempting to enforce the judgment. The circuit court made the injunction perpetual.
There is an agreed statement of the facts, as follows:
“ That, on the 13th day of September, 1880, August Bornschein, the plaintiff, resided, in the tenth…
2Cases cited4 opinions
- Howard v. ClarkSupreme Court of Missouri · 1869
- Grass v. HessIndiana Supreme Court · 1871
- Cozzens v. JamisonMissouri Court of Appeals · 1882
- McFaddin v. SpencerTexas Supreme Court · 1857
3Cited by6 opinions
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- United States Mutual Accident Insurance v. ReisingerMissouri Court of Appeals · 1891
- St. Louis & San Francisco Railway Co. v. LowderMissouri Court of Appeals · 1894
- Clarkson v. Guernsey Furniture Co.Missouri Court of Appeals · 1886
- Haag v. WardMissouri Court of Appeals · 1901
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