Heman v. Wade
Decision Date | 07 December 1897 |
Citation | 43 S.W. 162,141 Mo. 598 |
Parties | Heman et al. v. Wade et al., Appellants. [*] |
Court | Missouri Supreme Court |
Appeal from St. Louis City Circuit Court. -- Hon. L. B. Valliant Judge.
Transferred to St. Louis court of appeals.
Alfred Gfeller for appellants.
T. J Rowe for respondents.
At the time this suit was commenced there was a suit in ejectment pending in the circuit court of the city of St. Louis, in which plaintiffs herein were seeking to recover from defendants herein the possession of certain lots in said city of St. Louis.
In the action now before us plaintiff undertook by injunction to restrain the defendants from the commission of waste on the premises pending the ejectment suit. A temporary injunction was granted which was made final on the hearing. From the judgment defendants appealed, and the record was sent to the St. Louis Court of Appeals. That court having doubt of its jurisdiction, transferred the cause to this court for final hearing and determination.
Judge Biggs, of the court of appeals, makes the following statement, which we adopt:
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......-- Hon. William S. Herndon, Judge. . . . Affirmed. . . Edward. C. Crow, Attorney-General, and J. F. Wade for appellant. . . Seneca. N. Taylor, Charles Erd, and S. C. Taylor for respondent. . . Gantt,. P. J. ......