State ex rel. Burnham v. Hickman
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) Tbe decree of December 3, 1890, to which Hickman was a defendant, directly and expressly adjudged that he “pay the judgment so obtained by the plaintiffs against said Blank as aforesaid, with interest thereon and costs of suit, out of the proceeds of the sale of said attached property in his hands, before paying any part thereof to said Schwartz and Samter.” That judgment was final in form, and, on appeal, was duly affirmed.
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Transferred from Kansas City Court of Appeals. (1) Tbe decree of December 3, 1890, to which Hickman was a defendant, directly and expressly adjudged that he “pay the judgment so obtained by the plaintiffs against said Blank as aforesaid, with interest thereon and costs of suit, out of the proceeds of the sale of said attached property in his hands, before paying any part thereof to said Schwartz and Samter.” That judgment was final in form, and, on appeal, was duly affirmed. (49 Mo. App. 56.) Hickman now seeks to escape this judgment on the ground that long prior to its rendition he had paid…
1Opinion of the CourtMarshall, J.
Action on a sheriff’s bond.
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This case was transferred to this court by tbe Kansas City Court of Appeals on account of one of tbe judges of that court deeming tbe opinion rendered therein by that court, in conflict with tbe cases of State ex rel. Carroll v. Devitt, 107 Mo. 573; Milburn v. Gilman, 11 Mo. 64; Melcher v. Scruggs, 72 Mo. 406, and Howard v. Clark, 43 Mo. 344, decided by this court, and State ex rel. Bender v. Spencer, 30 Mo. App. 407, decided by tbe Kansas City Court of Appeals. Hnder section 6 of tbe Amendment of 1884 to Article YI of tbe Constitution this court is required to…
2Cases cited9 opinions
- Howard v. ClarkSupreme Court of Missouri · 1869
- Bruce v. VogelSupreme Court of Missouri · 1866
- Melcher v. ScruggsSupreme Court of Missouri · 1880
- Milburn v. GilmanSupreme Court of Missouri · 1847
- State ex rel. Carroll v. DevittSupreme Court of Missouri · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- West v. MadanskySupreme Court of Oklahoma · 1920
- Ex parte ConradesSupreme Court of Missouri · 1904