Legal Opinion

Green v. Dougherty

Missouri Court of Appeals

Decided November 21, 1893PublishedCited by 3 opinions

Appeal from the Circuit Court of the City of St. Louis.— Hon. Daniel D. Fisher, Judge. (1) The attachment upon the real estate, was merged into the judgment rendered in' the case February 16, 1888. After the rendition of the judgment the lien theretofore existing under the attachment ceased, and the lien of' the judgment began to run.

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Appeal from the Circuit Court of the City of St. Louis.— Hon. Daniel D. Fisher, Judge. (1) The attachment upon the real estate, was merged into the judgment rendered in' the case February 16, 1888. After the rendition of the judgment the lien theretofore existing under the attachment ceased, and the lien of' the judgment began to run. Drake on Attachment, see. 224a; Waples on Attachment, p. 583. It follows that, when the present plaintiff bought the property from McKenna (March 21, 1889), he bought it subject to a judgment hen, and this judgment lien expired at the end of three years from the…

1Opinion of the CourtBiggs, J.

This action is brought by the plaintiff as assignee to enforce the obligation arising out of an alleged breach of the following bond:

“Know all men by these presents, that we, John Finn, for James McKenna, as principal, and we Joseph P. Whyte and M. Dougherty, as sureties, of the city of St. Louis and state .of Missouri, are held and firmly bound unto James Harrigan, of the. city of St. Louis and state of Missouri, in the sum of four hundred ($400) dollars, to be paid to said James Harrigan, his executors, administrators or assigns, to the payment whereof we bind ourselves, our heirs,…

2Cases cited4 opinions

  1. Bagley v. WardCalifornia Supreme Court · 1869
  2. Chouteau v. NuckollsSupreme Court of Missouri · 1855
  3. Christy v. FlanaganSupreme Court of Missouri · 1885
  4. Lower v. Buchanan BankSupreme Court of Missouri · 1883

3Cited by3 opinions

  1. King v. HayesMissouri Court of Appeals · 1928
  2. Wirt v. SchumanMissouri Court of Appeals · 1896
  3. Denny v. SeeleyOregon Supreme Court · 1899

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