Helmkampf v. Wood
Missouri Court of Appeals
Appeal from tbe Bollinger Oircnit Court.—Hon. James J>. "Fox, Judge. The injunction bond being payable to four joint obligees, viz.: Wm. Paar, mayor, the board of aldermen, the city of Jackson, and Wm. Wood, we say: (1) There can be no assessment of damages in favor of Wm. Wood separate from his co-obligees. “There can be no recovery of a judgment by one of several obligees on a joint cause of action which he had in common with others.”
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Appeal from tbe Bollinger Oircnit Court.—Hon. James J>. "Fox, Judge. The injunction bond being payable to four joint obligees, viz.: Wm. Paar, mayor, the board of aldermen, the city of Jackson, and Wm. Wood, we say: (1) There can be no assessment of damages in favor of Wm. Wood separate from his co-obligees. “There can be no recovery of a judgment by one of several obligees on a joint cause of action which he had in common with others.” (2) W"hile insisting that there can be no recovery unless all the obligees join, we make the further point that should it be held that circumstances may exist…
1Opinion of the CourtBigq-S, J.
This is an appeal from an assessment of damages on an injunction bond. The plaintiffs are property owners in the city of Jackson, Oape Girardeau county. In 1897 the municipal authorities of the city of Jackson provided by ordinances for the grading and improvement of certain streets in front of the lots owned by the plaintiffs. The contract for the work was awarded to the defendant Wood. To prevent the execution of the contract and the work thereunder, the plaintiffs applied to the judge of the probate court of that county for an injunction on the ground principally that the city council had…
2Cases cited3 opinions
- Nolan v. JohnsSupreme Court of Missouri · 1891
- Fears v. RileySupreme Court of Missouri · 1898
- Husen v. Hannibal & St. Jos. R. R.Supreme Court of Missouri · 1875