Ruby v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Macon Circuit Court. The appellant makes the following points in this record : There is a great difference between the case of an execution on a transcript without a strict compliance with all the pre-requisites of the statute, and a sale and purchase under such execution by an innocent purchaser for value, and" the case of an execution issued on such transcript without a strict compliance with all the pre-requisites of the statute in such case made and provided,…
Read the full summary
Appeal from Macon Circuit Court. The appellant makes the following points in this record : There is a great difference between the case of an execution on a transcript without a strict compliance with all the pre-requisites of the statute, and a sale and purchase under such execution by an innocent purchaser for value, and" the case of an execution issued on such transcript without a strict compliance with all the pre-requisites of the statute in such case made and provided, and a motion made by the defendant in such execution at the return term to quash such execution for want of such…
1Opinion of the CourtWagner, Judge
This is an appeal from a judgment of the Circuit Court of Macon county, overruling a motion filed by the appellant to quash an execution issued by the circuit clerk of said county in favor of the respondent, and against the appellant. The execution was issued onA transcript of a judgment rendered before a justice of the peace, and only filed in the office of the clerk of the Circuit Court. The material •grounds relied on to invalidate the execution and‘reverse the judgment of the Circuit Court are, that there was no evidence on file in the court, or with the clerk thereof, to show that an…
2Cases cited1 opinion
- Franse v. OwensSupreme Court of Missouri · 1857
3Cited by11 opinions
- Samuels v. SheltonSupreme Court of Missouri · 1871
- Johnson v. LattaSupreme Court of Missouri · 1884
- Sappington v. LenzMissouri Court of Appeals · 1893
- Scharff v. McGaughSupreme Court of Missouri · 1907
- Stegall v. American Pigment & Chemical Co.Missouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.