Hamill v. Talbott
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) There was no valid assignment of the judgment to plaintiff Hamill, the purported assignment not being attested by the clerk as required by Revised’ Statutes 1889, section 6043. Bank v. Bulkey, 68 Mo.
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Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) There was no valid assignment of the judgment to plaintiff Hamill, the purported assignment not being attested by the clerk as required by Revised’ Statutes 1889, section 6043. Bank v. Bulkey, 68 Mo. App. 327. (2) The certificate of the judge does not state that he is the judge of the court of common pleas of Hardin county, or that Horton Park is clerk of the said court, or that “the attestation is in due form” “and by the proper officer.” R. S. 1889, sec. 4881; Act Cong., Laws U. S., sec. 996; Moyer v. Lynn, 38 Mo.…
1Opinion of the CourtEllison, J.
Florence L. Talbott recovered judgment against defendant in the court of common pleas, Hardin county, Ohio, in the year 1892 for $1,000. Said Florence, prior to that time, had been the wife of defendant, and she obtained the foregoing judgment in a divorce proceedings agáinst him wherein she was decreed a divorce by the court aforesaid on account of defendant’s gross neglect of duty and his abandonment of her. This plaintiff is the assignee of that judgment, and on trial before the court without a jury he prevailed. Defendant appeals.
The three principal points of defense are that the court in…
2Cases cited9 opinions
- Beard v. BeardIndiana Supreme Court · 1863
- Marx v. ForeSupreme Court of Missouri · 1872
- Harryman v. RobertsCourt of Appeals of Maryland · 1879
- Gould v. CrowSupreme Court of Missouri · 1874
- Ellison v. MartinSupreme Court of Missouri · 1873
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3Cited by9 opinions
- Moss v. FitchSupreme Court of Missouri · 1908
- Mabee v. McDonaldTexas Supreme Court · 1915
- Raher v. RaherSupreme Court of Iowa · 1911
- Hedrix v. HedrixMissouri Court of Appeals · 1903
- Hamill v. TalbottMissouri Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.