Carthage National Bank v. Poole

• Decision Date: 04 December 1911
• Citation: 141 S.W. 729,160 Mo.App. 133
• Parties: CARTHAGE NATIONAL BANK, Respondent, v. E. B. POOLE, Appellant
• Court: Missouri Court of Appeals

141 S.W. 729

160 Mo.App. 133

CARTHAGE NATIONAL BANK, Respondent, v. E. B. POOLE, Appellant

Court of Appeals of Missouri, Springfield

December 4, 1911

Appeal from Jasper Circuit Court.--Hon. David E. Blair, Judge.

REVERSED AND REMANDED (with directions).

Judgment reversed and cause remanded.

W. H Timmonds for appellant.

(1) A decree of a circuit court is self-enforcing and title is passed thereby without any act to be done on the part of the defendant. R. S. 1909, secs. 2109, 2110, 2111; Macklin v Allenberg, 100 Mo. 341; Henderson v. Dickey, 50 Mo. 165. (2) Every court has the exclusive control of its process and no other court has a right to interfere with or control it. Mellier v. Bartlett, 89 Mo. 134; Gilbert v. Renner, 95 Mo. 151; Scrutchfield v Sauter, 119 Mo. 621; Knealy v. Staed, 55 Mo.App. 176. (3) Interference of one court with the judgment or process of another court makes conflicts of jurisdiction and destroys respectful comity among the courts of this state and should be prevented. Scrutchfield v. Sauter, 119 Mo. 622. (4) One circuit court cannot enjoin or restrain the process or decree of another circuit court. Green v. Tittman, 124 Mo. 372; Pettus, Admr., v. Elgin, 11 Mo. 411; Railroad v. Sweet, 103 Mo.App. 276.

H. L. Shannon for respondent.

OPINION

NIXON, P. J.

This was an action in equity brought by Carthage National Bank against E. B. Poole, the Lamar & Barton County Telephone Company, a corporation, and E. J. Layne, secretary of the said corporation, to restrain the corporation and its secretary from transferring five shares of the corporation's stock to E. B. Poole on the books of the corporation and from paying dividends thereon to said E. B. Poole and for other relief as will appear from the petition. Defendants Lamar & Barton County Telephone Company and E. J. Layne as its secretary appeared without summons and answered. Defendant E. B. Poole filed a separate demurrer to the petition, which, being overruled, he refused to plead further, and a decree was entered in accordance with the prayer of the petition. The case is here on E. B. Poole's appeal.

As the question presented for our consideration in this appeal arises on a general demurrer filed by the defendant, E. B. Poole, to plaintiff's petition, a full understanding of the controversy may best be had by reading the petition, which is as follows (formal parts omitted):

"For an amended petition herein plaintiff says that it is now and at all times hereinafter mentioned was a banking corporation organized and doing business in the city of Carthage Missouri, under the laws of the United States providing for the organization of national banks; that the Lamar & Barton County Telephone Company is a corporation organized and doing business as a telephone company under the laws of the State of Missouri; and that E. J. Layne is secretary of said telephone company.

"Plaintiff further says that on or about the 21st day of June, 1906, John W. Layne and Elizabeth J. Layne made, executed and delivered their promissory note for the sum of $ 375, payable ninety days after date, for value received, with interest at the rate of eight per cent per annum from maturity until paid, and that said note has never been paid and that the plaintiff herein is still the owner and holder of said note; that at the time of execution and delivery of said note to the plaintiff the said John W. Layne assigned five shares of the capital stock of the said Lamar & Barton County Telephone Company to said bank as collateral security for said promissory note by executing a blank assignment of Certificate No. 17 of the Lamar & Barton County Telephone Company for five shares of the capital stock of said telephone company and by delivering the said certificate of stock to the plaintiff, which said certificate of stock is and ever since the delivery of the same to the plaintiff has been held by the plaintiff as collateral security for said promissory note.

"Plaintiff further says that the above mentioned defendant, E. B. Poole, commenced an action in the circuit court in and for the county of Barton, in the State of Missouri, at the January, 1910, term of said court by petition, in which it is alleged and charged that on the first day of July, 1905, the Lamar & Barton County Telephone Company, in due form of law issued five shares of its capital stock to the said John W. Layne, of the par value of $ 100 each, and that the said E. B. Poole was, at the time of filing said petition and ever since the 1st day of May, 1909, has been, the owner of said five shares of the corporate stock of the said Lamar & Barton County Telephone Company, so issued as above stated, to the said John W. Layne, and that the said E. B. Poole acquired the said five shares of stock so issued to the said John W. Layne by purchase at a sale under execution issued on the 19th day of April, 1909, by E. H. Warren, a justice of the peace within and for Lamar township, Barton county, Missouri, upon a judgment rendered by said justice of the peace in an action for damages for breach of contract against the said John W. Layne, and that the said five shares of stock of the said John W. Layne were levied upon and sold by the constable of Lamar township, Barton county, Missouri, under said execution, and that at said sale the said E. B. Poole became the purchaser of said shares of stock and that the said E. B. Poole has never been in possession of the certificate of said shares of stock, as it had never been turned over to him by the said John W. Layne, and that the said E. B. Poole had, on the 5th day of May, 1909, requested and demanded of Elizabeth J. Layne, as secretary of the Lamar & Barton County Telephone Company, that she transfer or have the same transferred on the books of said telephone company by virtue of the authority given by said execution sale, and that he had demanded of said corporation the transfer of said stock on the books of said corporation to the said E. B. Poole, and that the said telephone company and its said secretary, E. J. Layne, had failed and neglected and refused to make such transfer and assignment of said stock to the said E. B. Poole, thereby depriving him, the said E. B. Poole, of his right in the law to participate in the meetings of the stockholders of said corporation by virtue of being the owner of said five shares of stock, and also denying and refusing him, the said E. B. Poole, the right to represent said five shares of stock at the meetings of the stockholders, as well as all other rights and privileges as the owner of said five shares of stock of said telephone company, and that there was, at the time of filing said petition, unaccounted for and due to the said E. B. Poole dividends on the said five shares of said stock; and charging and alleging many other facts and things and praying that the court, by a proper decree, require said corporation, by its proper officer or officers, to transfer said five shares of stock of said corporation to the said E. B. Poole on the books of said corporation, and to admit him, the said E. B. Poole, to all the rights and privileges of a stockholder in said telephone company, and to ascertain and determine the amount of dividends unpaid and due said E. B. Poole on said five shares of stock, and to render judgment against the said telephone company for the amount of unpaid dividends found by the court to be due.

"Plaintiff further says that in said suit commenced by the said E. B. Poole, as aforesaid, this plaintiff was not made a defendant, and that upon a trial of the case the said circuit court of Barton county found the allegations of the aforesaid petition of the said E. B. Poole to be true, and entered a decree directing the said E. J. Layne and the said Lamar & Barton County Telephone Company to transfer the said stock on its books to the said E. B. Poole, and to issue to him, the said E. B. Poole, a certificate therefor, and directing the said telephone company and its officers to pay to the said E. B. Poole all accrued dividends on said capital stock, and granting to the said E. B. Poole all further relief prayed for in said petition.

"Plaintiff further says that unless restrained from doing so the said Lamar & Barton County Telephone Company will transfer said stock on its books to E. B. Poole, and will issue to him a certificate for said shares of stock, and will also pay to him the accrued dividends thereon and admit him to all the rights and privileges of a stockholder of said corporation.

"Plaintiff further says that the aforesaid shares of stock evidenced as aforesaid by Certificate No. 17 are the same shares of stock that were decreed by the court of Barton county to be the property of the aforesaid E. B. Poole, and that if the same are transferred to the said E. B. Poole on the books of said company and a certificate therefor issued to him, the said E. B. Poole, and he, the said E. B. Poole, is permitted, by reason of the ownership thereof, to participate in the meetings of said corporation as the owner of said stock, and is permitted to draw the dividends accrued on said stock, this plaintiff will suffer an irreparable injury for which it has no adequate remedy at law.

"Where plaintiff prays that the said E. B. Poole be restrained from participating in meetings of said corporation as the owner of said stock, and from receiving dividends which have accrued of which will accrue thereon, and that the said corporation and its secretary be restrained from transferring said stock to the said E. B. Poole on the books of said company, and from issuing a certificate of stock to the said E. B. Poole evidencing the ownership thereof, and from paying the dividends which have accrued and which may accrue thereon to the said ...