McLaughlin v. First Nat'l Bank of Kansas City
Decision Date | 31 May 1875 |
Citation | 60 Mo. 437 |
Parties | LILBURN H. MCLAUGHLIN, Respondent, v. FIRST NATIONAL BANK OF KANSAS CITY, MISSOURI, Appellant. |
Court | Missouri Supreme Court |
Appeal from Ray Common Pleas.
John K. Cravens, for Appellant.
Esteb & Shotwell, for Respondent.
It is unnecessary to do much more than make a statement of this case.
The plaintiff brought his action against one Brown, to dissolve a co-partnership, then existing between them under the name of Brown & McLaughlin, and to settle the partnership accounts, etc. Pending this litigation in the Common Pleas Court, the plaintiff applied in vacation to the judge of that court by petition entitled as of the cause then pending, and referring thereto, praying, for certain grounds therein set forth, that Brown be enjoined and restrained Without any notice to the First National Bank, and without its being made a party to the proceeding, an injunction, as prayed, was granted, directed to Jno. G. Brown alone, enjoining him from removing any deposit or money made by him in his individual or in the firm name, belonging to said firm, and also etc., etc. It was also ordered that a copy of the restraining order be served on the present defendant, which was done accordingly, in February, 1872.
In June, 1873, another copy of the restraining order accompanied by a summons, but without any petition, was issued from the court. The summons was directed to the sheriff of Jackson county, commanding him to etc., etc. These papers were duly...
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