Mastin v. Sloan
Supreme Court of Missouri
Prohibition. Plaintiff is. surety on a bond filed in the circuit court on the making of a temporary restraining order in the suit of Nolan, Adm’r, v. Jones. The principal in the bond is Nolan as administrator, plaintiff in that proceeding. The temporary injunction was dissolved. Defendant Jones then filed a motion for an assessment of damages upon the bond (sustained by reason of the restraining order) in pursuance of the Missouri statute.
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Prohibition. Plaintiff is. surety on a bond filed in the circuit court on the making of a temporary restraining order in the suit of Nolan, Adm’r, v. Jones. The principal in the bond is Nolan as administrator, plaintiff in that proceeding. The temporary injunction was dissolved. Defendant Jones then filed a motion for an assessment of damages upon the bond (sustained by reason of the restraining order) in pursuance of the Missouri statute. (R. S. 1879, sec. 2712.) That motion is now pending in the trial court. During the proceedings the circuit court made certain orders, the purpose of which…
1Opinion of the CourtBarclay, J.
— This is plainly no case for the issue of a writ of prohibition. S hould the trial court enter a finding and judgment for damages against petitioner , and the other sureties on the injunction bond, any one of them aggrieved may review that result by appeal or writ of error on taking proper steps to that end. Any error that court may make in determining the proper limits of its jurisdiction in the premises can be effectively corrected by any of the usual modes of reviewing judgments. The writ of prohibition should issue only in circumstances where the ordinary remedies are inadequate to the…
2Cited by15 opinions
- Atwood v. Cox, District JudgeUtah Supreme Court · 1936
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- State Ex Rel. McNamee v. StobieSupreme Court of Missouri · 1906
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
- State ex rel. Union Depot Railroad v. Southern Railway Co.Supreme Court of Missouri · 1889
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