Kinealy v. Staed
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. (1) The motion to vacate so much of the order granting the temporary injunction as required plaintiff to give bond to the sheriff as trustee, and to cancel said bond, should have been sustained. It imposed upon plaintiff conditions not imposed by statute, and not warranted by law. It compelled plaintiff to submit to an illegal requirement or lose his legal rights.
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Appeal from, the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. (1) The motion to vacate so much of the order granting the temporary injunction as required plaintiff to give bond to the sheriff as trustee, and to cancel said bond, should have been sustained. It imposed upon plaintiff conditions not imposed by statute, and not warranted by law. It compelled plaintiff to submit to an illegal requirement or lose his legal rights. Rubelman Hardware Co. v. Greve, 18 Mo. App. 6, 9, 10.' (2) Plaintiff’s judgment against Patrick Macklin is a valid subsisting claim — a .debt — even if…
1Opinion of the CourtRombauer, P. J.
The plaintiff’s petition states in substance the following’ facts. In December, 1873, one Eerguson recovered a judgment against the defendant, Patrick Macklin, for $626. This judgment, by successive assignments, became the property of plaintiff in 1877. The plaintiff has ever since been the owner thereof; it is wholly unpaid, except fifty dollars thereof, and now amounts, with interest, to seventeen hundred dollars and more.
In March, 1886, Patrick Macklin and Ann, his wife, and. the defendant, Haydel, as trustee for such wife recovered in the supreme court of Missouri a judgment for costs…
2Cases cited8 opinions
- Mullen v. HewittSupreme Court of Missouri · 1890
- Overall v. RuenziSupreme Court of Missouri · 1877
- Pettus v. ElginSupreme Court of Missouri · 1848
- Keyte v. PlemmonsSupreme Court of Missouri · 1859
- Mellier v. BartlettSupreme Court of Missouri · 1886
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3Cited by2 opinions
- Herwick v. Koken Barber Supply Co.Missouri Court of Appeals · 1895
- Carthage National Bank v. PooleMissouri Court of Appeals · 1911