Sturdevant Bank ex rel. Hartle v. Peterman
Missouri Court of Appeals
Appeal from the Cape Girardeau County Circuit Court, J. I). Foster, Judge. The evidence shows conclusively that there had been no payment, except by the assignee of the judgment, and.that, at the request of the defendant in the execution. Freeman Ex., sects. 442, 8 and 4, and authorities cited; Freeman Judgments, sect. 478.
1Opinion of the CourtRombauer, J.
This is an appeal from a judgment quashing an execution issued in favor of the appellant Hartle, as *513assignee of a judgment recovered by the Sturdevant Bank. The motion to quash the execution was based on several grounds, but the evidence offered in support of it ivas all confined to only one of the grounds assigned, namely, that the judgment, on which the execution was issued, had been paid and satisfied prior to its issue.
The respondent contends that the evidence produced, upon the hearing of the motion, warranted the trial court in finding, as it did, that the judgment was paid, while the…
2Cases cited4 opinions
- Leabo v. GoodeSupreme Court of Missouri · 1877
- Appleton v. KennonSupreme Court of Missouri · 1854
- Riggs v. GoodrichSupreme Court of Missouri · 1881
- Commiskey v. McPikeMissouri Court of Appeals · 1885
3Cited by4 opinions
- Reynolds v. SchadeMissouri Court of Appeals · 1908
- Kauffman-Wilkinson Lumber Co. v. ChristophelMissouri Court of Appeals · 1895
- Scheer v. BrooksSupreme Court of Missouri · 1933
- Rice v. DudleyMissouri Court of Appeals · 1889