BAYER v. ASSOCIATED UNDERWRITERS, INC.

No. 32132.

402 S.W.2d 11 (1966)

Elmer V. A. BAYER, Plaintiff-Appellant, v. ASSOCIATED UNDERWRITERS, INC., and Roland A. Orf and Mary M. Orf, d/b/a Thirty-Nine Twenty Company, Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

Rehearing Denied April 12, 1966.


Attorney(s) appearing for the Case

Gray & Sommers, R. Michael Fischer, St. Louis, for appellant.

Michael D. O'Keefe and Daniel P. Reardon, St. Louis, for respondent, Associated Underwriters, Inc.

George E. Helfers, Clayton, for respondents Roland A. Orf and Mary M. Orf, d/b/a Thirty-Nine Twenty Co.


CLEMENS, Commissioner.

The plaintiff sued for both a temporary and a permanent injunction. When the prayer for the temporary injunction came on for hearing, the trial court not only denied that relief but also dismissed the petition. The plaintiff appeals, and the question here is whether the trial court exercised its jurisdiction prematurely.

The plaintiff had sued defendants to restrain and enjoin them from interfering with an easement granted him by separate...

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