Schultz v. Tatum
| Decision Date | 12 November 1888 |
| Citation | 9 S.W. 633,96 Mo. 185 |
| Parties | Schultz et al. v. Tatum, Appellant |
| Court | Missouri Supreme Court |
October, 1888
Transferred from St. Louis Court of Appeals.
Remanded.
F. J. Donovan for appellant.
Phillips & Stewart for respondents.
OPINION
In this suit the plaintiffs seek to perpetually enjoin the collection of two promissory notes executed by the plaintiff Schultz and delivered to one Fisher, and to restrain the enforcement of a deed of trust upon certain real estate given to secure the payment of these, and other notes which have been paid, upon the ground that the conditions upon which these notes were to become operative and binding upon the plaintiff, and upon which they were to be delivered to the defendant have not been, and cannot be performed by him. The amount in dispute does not exceed twenty-five hundred dollars, title to real estate is not involved in the determination of the case, nor any question that would confer appellate jurisdiction thereof upon the supreme court. The case being within the final appellate jurisdiction of the St. Louis court of appeals, it is remanded to that court, from which it seems to have been inadvertently transferred to this. All concur except Ray, J., absent.
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Schultz v. Tatum
... 9 S.W. 633 96 Mo. 185 SCHULTZ et al. v. TATUM. Supreme Court of Missouri. November 12, 1888. Appeal from St. Louis circuit court; WILLIAM H. HORNER, Judge. This appeal was taken to the St. Louis court of appeals, and transferred to the supreme court. F. J. Donovan, for appellant. Phillips ......