Berry v. Ewing
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The injunction was granted without warrant of law. The cause of action of defendant, Ewing, existed at the time the plaintiff, Berry, acquired the alleged homestead. R. S., sec. 2695; Rice v. Southgate, 16 Gray, 142; Appleton v. Bascom, 3 Met. 169; Wood v. Leland, 1 Met. 389; Gibbs v. Bryant, 1 Pick. 121; Howe -o.
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Appeal from Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The injunction was granted without warrant of law. The cause of action of defendant, Ewing, existed at the time the plaintiff, Berry, acquired the alleged homestead. R. S., sec. 2695; Rice v. Southgate, 16 Gray, 142; Appleton v. Bascom, 3 Met. 169; Wood v. Leland, 1 Met. 389; Gibbs v. Bryant, 1 Pick. 121; Howe -o. Ward, 4 Greene 200; West River Bank v. Gale,. 42 Yt. 27; Lamb v. Mason, 45 Yt. 500 ; Ramey v. Grover, 28 Yt. 391; Thompson v. Thompson, 19 Me, 244; Carlisle v. Rich, 8 N. H. 44; Chouteau v. Jones, 11 Ill. 300;…
1Opinion of the CourtSherwood, J.
The plaintiff obtained a temporary injunction against Ewing and the sheriff restrained them from selling under fi. fa. a certain eighty acres of land towned by plaintiff. On final hearing the injunction was pade perpetual. The facts on which the action of the *397trial court is bottomed, as shown by the agreed statement, are as follows :
Berry was the guardian and curator of his nephew, L. C. Isom ; gave bond as such in 1860, with Ewing as surety. In 1882, Isom having obtained judgment against Berry, and Ewing on the curator’s bond, the latter was;-compeEed to pay the sum of one thousand dollars,…
2Cases cited1 opinion
- Gunn v. BarrySupreme Court of the United States · 1873
3Cited by11 opinions
- United States Fidelity & Guaranty Co. v. Centropolis Bank of Kansas City, Mo.Court of Appeals for the Eighth Circuit · 1927
- Griffin v. LongSupreme Court of Arkansas · 1910
- In re StoutDistrict Court, W.D. Missouri · 1900
- Broyles v. CoxSupreme Court of Missouri · 1899
- Sperry v. CookSupreme Court of Missouri · 1912
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