State ex rel. Board of Education v. Tiedemann
Supreme Court of Missouri
Error to Madison Circuit Court. — Hon. Louis E. Dinning, Judge. Tiedemann having obtained a judgment against the Board of Educatiou of the city of Cape Girardeau, caused an execution to be issued and levied on the school building and the land on which it was situate, together with the school furniture, belonging to the board. Thereupon the board applied for and obtained an injunction against a sale under the execution.
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Error to Madison Circuit Court. — Hon. Louis E. Dinning, Judge. Tiedemann having obtained a judgment against the Board of Educatiou of the city of Cape Girardeau, caused an execution to be issued and levied on the school building and the land on which it was situate, together with the school furniture, belonging to the board. Thereupon the board applied for and obtained an injunction against a sale under the execution. Upon a final hearing the injunction was perpetuated, and Tiedemann sued out this writ of error. 1. The board had an adequate remedy at law, and, therefore, equity had no…
1Opinion of the CourtSherwood, C. J.
i. public school PROPERTY EXEMPT prom execution,
We are all agreed that the beneficial
plaintiff in this action is a public corporation. Gen. Stat., 275, § 6; Sess. Acts 1867, 160, § 6; Dillon 'J . Tv , on Munic.• Corp., § 10 . Heller v. Stremmel, 52 Mo. 309, and, thei-efore, not subject to the process of execution, at least so far as any school building or property is concerned. 1 Wag. Stat., § 36, p. 295. And this idea finds further support in the avowed policy of this State, evinced in the most decided manner in our organic as well as statutory provisions, to favor and foster popular and…
2Cases cited7 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Mayor of Baltimore v. PorterCourt of Appeals of Maryland · 1862
- Holland v. Mayor of BaltimoreCourt of Appeals of Maryland · 1857
- Heller v. StremmelSupreme Court of Missouri · 1873
- McPike v. PenSupreme Court of Missouri · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Clinton ex rel. Thornton v. Henry CountySupreme Court of Missouri · 1893
- Board of Directors v. Bodkin Bros.Tennessee Supreme Court · 1902
- Gardner v. TerrySupreme Court of Missouri · 1889
- Security State Bank v. County of DentSupreme Court of Missouri · 1940
- State Ex Rel. Kansas City v. School DistrictSupreme Court of Missouri · 1933
7 more not listed; retrieve them via the Exa API.