Ackerman v. Green
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. Order compelling judgment debtor to undergo examination. (1) An affidavit to knowledge and belief and an affidavit to information and belief are clearly distinguishable. An affidavit made upon information and belief, where the statute requires knowledge and belief, as in this case, is insufficient. Clark v. Bank, 77 N. W. 805; Bray v. McClury,'55 Mo. 128; In re Parrish, 28 App. Div.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. Order compelling judgment debtor to undergo examination. (1) An affidavit to knowledge and belief and an affidavit to information and belief are clearly distinguishable. An affidavit made upon information and belief, where the statute requires knowledge and belief, as in this case, is insufficient. Clark v. Bank, 77 N. W. 805; Bray v. McClury,'55 Mo. 128; In re Parrish, 28 App. Div. (N. T.) 20 ; Schermerhorn v. Owen, 62 N. T. S. 763; McGuire v. Schroeder, 63 N. T. S„ 968; Githens v. Mount, 44 Atl. R. 851; Pierce v. Parish,…
1Opinion of the CourtGoode, J.
(after stating the facts). — The first proposition to be considered is whether an appeal lies from the order for an examination of the appellant. No special provision is found in the statutes for appealing in this sort of a proceeding and the right of appeal must be derived, therefore, from the general statutory provisions regulating appeals. Those provisions are found in section 806 of the Eevised Statutes and are as follows:
“Any party to a suit aggrieved by any judgment of any circuit court in any civil cause from which an appeal is not prohibited by the Constitution, may take his appeal to…
2Cases cited15 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- State v. RansbergerSupreme Court of Missouri · 1891
- Mowry v. . SanbornNew York Court of Appeals · 1875
- Bray v. McClurySupreme Court of Missouri · 1874
- Clarke v. Nebraska National BankNebraska Supreme Court · 1896
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- Ackerman v. GreenSupreme Court of Missouri · 1907
- In re KoehlerMissouri Court of Appeals · 1913