Tutt v. Couzins
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The assignment shown does not conform to the statute (Wagn. Stat. 794, § 34) and is invalid. The statute requires the assignment to be on the thing assigned, so that the judgment itself will always carry with it a badge of ownership. It is claimed that if the Legislature had intended the assignment of judgments to be placed in the record, it would have required a margin for that purpose also.
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Appeal from St. Louis Circuit Court. The assignment shown does not conform to the statute (Wagn. Stat. 794, § 34) and is invalid. The statute requires the assignment to be on the thing assigned, so that the judgment itself will always carry with it a badge of ownership. It is claimed that if the Legislature had intended the assignment of judgments to be placed in the record, it would have required a margin for that purpose also. This conclusion is not reasonable; on the contrary, it is more reasonable to suppose that the Legislature omitted to require a margin because one was already…
1Opinion of the CourtWagner, Judge
Tutt obtained judgment against Walton on the 24th of May, 1861, and on the 10th of June, 1861, he assigned the judgment to Dean. On the following November, 1861, Dean caused exer cution to be issued on the judgment in the name of Tutt, to his use, and Couzins was summoned as garnishee. Tutt was not a party to the proceeding, and had no notice thereof. After several years’ litigation Couzins, the garnishee, was discharged, and an allowance of $200 as attorney’s fees was made by the court in his favor. Pending the controversy Dean died, and the case was revived and conducted in the name of thé…
2Cited by7 opinions
- Knapp, Stout & Co. v. StandleyMissouri Court of Appeals · 1891
- Boyd v. SloanSupreme Court of Missouri · 1934
- Price v. ClevengerMissouri Court of Appeals · 1903
- Thomas v. LiebkeMissouri Court of Appeals · 1883
- Barnes v. PlessnerMissouri Court of Appeals · 1912
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