Black v. Ross
Missouri Court of Appeals
Appeal from the Knox County Circuit Court. — Hon. ' Ben. E. Tubnek, Judge. (1) The petition does not state facts to entitle the plaintiffs to any relief. Injunction is always an auxiliary, restraining and preservative proceeding. The decree written by plaintiffs’ attorney in vacation is not binding as to the clause concerning costs. The usual presumption cannot be indulged for the facts are in evidence.
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Appeal from the Knox County Circuit Court. — Hon. ' Ben. E. Tubnek, Judge. (1) The petition does not state facts to entitle the plaintiffs to any relief. Injunction is always an auxiliary, restraining and preservative proceeding. The decree written by plaintiffs’ attorney in vacation is not binding as to the clause concerning costs. The usual presumption cannot be indulged for the facts are in evidence. We think that clause must be established by nunc pro tunc entry, before it can be offered to prove or show any thing. If we are right, then plaintiffs fail on the proof on that part of the…
1Opinion of the CourtBiggs, J.
This controversy is quite similar to and has, in fact, grown out'of the case of Black et al. v. Cornell et al., 30 Mo. App. 641. That case was decided on a demurrer in the circuit court in favor of the defendants, and on appeal this court decided that the demurrer was improperly sustained, and reversed the judgment ■ and remanded the cause for further proceedings.
On a reheailng in the circuit court, the defendants refused to plead or in any way answer to the complaint, and. at the June term, 1888, the cause was submitted to the court, and the court by its decree, entered of record, among…
2Cases cited3 opinions
- Ranney v. BaderSupreme Court of Missouri · 1878
- Rubey v. ShainSupreme Court of Missouri · 1873
- Black v. CornellMissouri Court of Appeals · 1888
3Cited by5 opinions
- Martin v. BennettMissouri Court of Appeals · 1909
- Kavanaugh v. GordonSupreme Court of Missouri · 1912
- Haven v. OwenMichigan Supreme Court · 1899
- Blades v. HawkinsMissouri Court of Appeals · 1908
- Shackleford v. City of JeffersonMissouri Court of Appeals · 1912