Cope v. Snider
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) The relief granted by the court was entirely different from that asked in defendant’s motion and the trial court should have declined to sustain it for that reason, the motion itself assigning no reason for quashing the execution. Bryant v. Russell, 127 Mo. App. 431; State ex rel. v. 0 ’Neil, 78 Mo.
Read the full summary
Appeal from Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) The relief granted by the court was entirely different from that asked in defendant’s motion and the trial court should have declined to sustain it for that reason, the motion itself assigning no reason for quashing the execution. Bryant v. Russell, 127 Mo. App. 431; State ex rel. v. 0 ’Neil, 78 Mo. App. 26; Paddock v. Lance, 94 Mo. 283. (2) The exemption right is a personal privilege belonging only to the debtor and can be asserted or established alone by him and not by his vendees or assignees. Guntley v. Stead, 77 Mo.…
1Opinion of the Court
• SMITH, P. J.
The plaintiff recovered a judgment against the defendant before a justice of the peace, on which an execution was issued and returned nulla bona. Subsequently, on April 20, 1899, the plaintiff filed a transcript of the judgment in the office of the clerk of the circuit court and thereafter an execution was issued thereon, directed to the sheriff who levied the same on certain real estate, as the property of the defendant.
The defendant and wife, with one Poxworthy, filed a motion in the circuit court to quash the plaintiff’s said execution, on the grounds (1) that the defendant…
2Cases cited7 opinions
- Howland v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1896
- Kenefick v. City of St. LouisSupreme Court of Missouri · 1895
- Garrett v. WagnerSupreme Court of Missouri · 1894
- Paddock v. LanceSupreme Court of Missouri · 1887
- State ex rel. Carter v. ClymerSupreme Court of Missouri · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Buzzard v. RobertsonMissouri Court of Appeals · 1904