Weiss v. Coudrey
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. S. P. Spencer, Judge. ' The court had no jurisdiction to grant the equitable relief sought, to-wit, to nullify the said judgment before the justice of the peace, and to enjoin the collection of the same. If the justice erred in refusing to appoint a next friend upon the petition of the defendant, the defendant had an adequate remedy at law, and the proper course to pursue was to take an appeal from the judgment of the justice.
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Appeal from St. Louis City Circuit Court. — How. S. P. Spencer, Judge. ' The court had no jurisdiction to grant the equitable relief sought, to-wit, to nullify the said judgment before the justice of the peace, and to enjoin the collection of the same. If the justice erred in refusing to appoint a next friend upon the petition of the defendant, the defendant had an adequate remedy at law, and the proper course to pursue was to take an appeal from the judgment of the justice. Lemon v. Sweeney, 6 111. App. 507; Spelling on Extraordinary Remedies, paragraphs 109-124; High on Injunctions (3 Ed.),…
1Opinion of the CourtGoode, J.
The purpose of this action is to vacate a judgment obtained by the defendants against the plaintiff before a justice of the peace, and to restrain its enforcement meanwhile by the garnishment of the plaintiff’s employer, which was about to be done. The action in which the judgment was entered was instituted by H. M. Coudrey and W. S. Scott before R. B. Haughton, a justice of the peace of St. Louis, on a note for seventy dollars. Weiss was served, appeared by counsel and filed a motion for the appointment of a guardian ad litem. The plaintiffs in the action then took a change of venue to…
2Cases cited7 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- Bailey v. McGinnissSupreme Court of Missouri · 1874
- Charley v. KelleySupreme Court of Missouri · 1894
- Starbird v. MooreSupreme Court of Vermont · 1848
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3Cited by4 opinions
- Sawyer v. WareSupreme Court of Oklahoma · 1912
- Morgan v. MorganMissouri Court of Appeals · 1956
- Quincy ex rel. Quincy v. Quincy ex rel. GrandMissouri Court of Appeals · 1968
- Olsen v. East Side Packing Co.Missouri Court of Appeals · 1928