Hoffelmann v. Franke
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Hon. W. H. Horner, Judge. (1) The action of the court in June, 1873, in vacating the judgment theretofore entered, was right. The judgment of the court was irregular and subject to correction. Stacies v. Cooper, 25 Mo. 403. (2) The final judgment dissolving the injunction was right. No appeal has been taken from said judgment and it is binding on the parties thereto.
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Error to St. Louis City Circuit Court. — Hon. W. H. Horner, Judge. (1) The action of the court in June, 1873, in vacating the judgment theretofore entered, was right. The judgment of the court was irregular and subject to correction. Stacies v. Cooper, 25 Mo. 403. (2) The final judgment dissolving the injunction was right. No appeal has been taken from said judgment and it is binding on the parties thereto. (3) The injunction being dissolved, the defendant’s right to damages is undisputed. It must be ascertained and assessed in the injunction case. Dorris v. Carter, 67 Mo. 544; R. S. 1879,…
1Opinion of the CourtSherwood, J.
In this cause, the injunction was in aid of the principal suit, the latter was heard on its merits, the petition dismissed and the injunction dissolved on the nineteenth day of December, 1881. On the twenty-third of April, 1883, a motion was filed for the assessment of damages, but no notice of the motion was served on the opposite party, and on November 12 next following, the motion to assess damages was denied.
The point has, it seems, never been ruled by this court, whether an assessment of damages must occur at the same term at which the dissolution of the injunction occurs ; but this has…
2Cited by9 opinions
- Konta v. St. Louis Stock ExchangeMissouri Court of Appeals · 1910
- Fears v. RileySupreme Court of Missouri · 1898
- Neiser v. ThomasMissouri Court of Appeals · 1891
- Sutliff v. MontgomeryMissouri Court of Appeals · 1906
- Edmison v. Sioux Falls Water Co.South Dakota Supreme Court · 1898
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