Parker v. Oxendine
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) An injunction will not lie to restrain the levy of an execution issued by virtue of a void judgment, rendered by a justice of the peace. Railroad v. Lowder, 59 Mo. App. 3; Straub v. Simpson, 74 Mo. App. 230; Railroad v. Lowder, 138 Mo. 533; Railroad v. Hoereth, 144 Mo. 136; Stockton v. Ranson, 60 Mo. 535; Bear v. Youngman, 19 Mo.
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Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) An injunction will not lie to restrain the levy of an execution issued by virtue of a void judgment, rendered by a justice of the peace. Railroad v. Lowder, 59 Mo. App. 3; Straub v. Simpson, 74 Mo. App. 230; Railroad v. Lowder, 138 Mo. 533; Railroad v. Hoereth, 144 Mo. 136; Stockton v. Ranson, 60 Mo. 535; Bear v. Youngman, 19 Mo. App. 41. (2) An injunction will not lie to restrain the sale of personal property, because the legal remedy is full and ample. Verdin v. City of St. Louis, 131 Mo. 76; Eowler v. St. Joseph, 37 Mo.…
1Opinion of the CourtGill, J.
— This is a suit in equity to enjoin an execution issued by a justice of the peace in a replevin suit. J. A. Bowman brought the replevin suit against Ered and Laura Hills, the purpose of which was to recover certain household goods. When the constable went with the writ to take the property, the above respondent, C. A. Parker, joined the Hills in the execution of a forthcoming bond and the Hills were therefore allowed to retain the property pending the litigation. In due course of time the action in replevin was tried before the justice, resulting in a judgment in Bowman’s favor. The judgment…
2Cases cited3 opinions
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- McClellan v. MarshallSupreme Court of Iowa · 1865
- Oskaloosa Steam-Engine Works v. NelsonSupreme Court of Iowa · 1880
3Cited by1 opinion
- In re the Condemnation of Land for Opening & Establishing A Public ParkwayMissouri Court of Appeals · 1915