Lewis v. Leahey

The original proceeding here, was a bill in equity to compel the execution of a mortgage; the plaintiff also asked incidental relief by injunction, to preserve the status of the parties pending the litigation. A preliminary injunction was granted; but, on the trial, the court held, that the bill stated no cause of action, sustained a general objection to all evidence offered in support of it, and dismissed the bill. On appeal to this court, this judgment was reversed and the cause remanded. Leahey v. Leahey, 11 Mo. App. 413. When the case went back, by consent of parties, the cause was…