72 Mo. 645 | Mo. | 1880
This is a suit brought in the circuit coux’t of Buchanan county to exxjoin defendant Sullivan from levying an executioxx upon'the propexfiy of plaintiff to satisfy a judgmexxt x’endered against plaintiff by a justice of the peace in favor of defendants Koch, Chew & West. In the circuit court defendants objected to the introductioxx of axx3r evidence on the ground that the petition did not state a cause of action. This objection was sustained, and judgment rendered for the defendants, and the only qxxestion presented for our determination is as to the sufficiency of the petition. The petition, after setting out a state of facts which would have constituted a complete axxd pex’fect defense in the suit before the justice of the peace, which resulted in the judgment on which the execution sought to be enjoined was issued, alleges that “ said facts first came to his knowledge since the rendition of the jridg
The petition of plaintiff, tested by these principles, is insufficient. The judgment sought to be enjoined was obtained upon an accounting and settlement macle by the agent of plaintiff with defendants Koch, Chew & West, whereby a balance of $191.57 in favor of said Koch, Chew & West was found. This accounting is alleged to have been false and fraudulent. When suit was brought upon it before the justice, plaintiff was necessarily notified of the character of the demand, and common prudence and