August Gast Bank Note & Lithographing Co. v. Fennimore Association No. 5
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.—Hon. Franklin Ferns, Judge. (1) As the injunction was dissolved in the circuit court, and was not reinstated by this appeal, no damages can be assessed upon this bond for the services of counsel in the appellate courts. Neiser v. Thomas, 46 Mo. App. 47; Teasdale v. Jones, 40 Mo. App. 243. (2) Damages must be limited to the services reasonably necessary to procure the dissolution of the injunction. Anderson v. Anderson, 55 Mo.
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Appeal from the St. Louis City Circuit Court.—Hon. Franklin Ferns, Judge. (1) As the injunction was dissolved in the circuit court, and was not reinstated by this appeal, no damages can be assessed upon this bond for the services of counsel in the appellate courts. Neiser v. Thomas, 46 Mo. App. 47; Teasdale v. Jones, 40 Mo. App. 243. (2) Damages must be limited to the services reasonably necessary to procure the dissolution of the injunction. Anderson v. Anderson, 55 Mo. App. 268; Louisville Banking Co. v. Monarch Co., 68 Mo. App. 603. (1) The sole purpose of appellant in this case was to…
1Opinion of the CourtBond, J.
This cause was here on a former appeal (79 Mo. App. 612), from the report of which it appears that it was a suit to enjoin defendants, who it is alleged were engaged in a strike from the use of violence against the employees of plaintiff for the purpose of preventing service on their part as such employees. There was an answer, and motion to dissolve the injunction awarded when the suit was instituted made by that portion of defendants on whom the gravamen of the suit rested, which motion was sustained. Subsequently the remaining defendants answered and moved the dissolution of the injunction…
2Cases cited2 opinions
- Abbott v. GillumSupreme Court of Missouri · 1898
- August Gast Bank Note & Lithographing Co. v. Fennimore Ass'nMissouri Court of Appeals · 1899
3Cited by2 opinions
- Huber v. ShedoudyCalifornia Supreme Court · 1919
- Smith v. Safety Fund Insurance SocietyMissouri Court of Appeals · 1903