Irondale Bank v. Terrill
Missouri Court of Appeals
Appeal from Washington Circuit Court. — Eon. Jos. J. Williams, Judge. Statement. — This is an appeal from the action of the circuit court of Washington county in overruling a motion to set aside a levy on real estate in St. Francois county, made under an execution issued out of the circuit court of Washington county and directed to the sheriff of St. Francois county, on a judgment of the Washington Circuit Court, in favor of respondent and against the appellant and one…
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Appeal from Washington Circuit Court. — Eon. Jos. J. Williams, Judge. Statement. — This is an appeal from the action of the circuit court of Washington county in overruling a motion to set aside a levy on real estate in St. Francois county, made under an execution issued out of the circuit court of Washington county and directed to the sheriff of St. Francois county, on a judgment of the Washington Circuit Court, in favor of respondent and against the appellant and one Queen. The execution, dated October 24, 1904, is made returnable to the first Monday of the March term, 1905, was returned…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — -The right to attack the levy and sale at the return term of the writ of execution was settled by this court in the case of Finke v. Graig, 57 Mo. App. 393, on the authori*476ty of American Wine Co. v. Scholer, 13 Mo. App. 345, and of Ray v. Stobbs, 28 Mo. 35, the ground being that every court is vested with inherent power to prevent the misuse or abuse of its process. It is further said in the Finke case, supra, that this jurisdiction has been exercised upon motion made on the first day of the term after the sale, although a prior deed has been executed in…
2Cases cited13 opinions
- Hudson v. WrightSupreme Court of Missouri · 1907
- Ray v. StobbsSupreme Court of Missouri · 1859
- Garrett v. WagnerSupreme Court of Missouri · 1894
- State ex rel. Conklin v. BaradaSupreme Court of Missouri · 1874
- St. Louis Brewing Ass'n v. HowardSupreme Court of Missouri · 1899
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3Cited by6 opinions
- Jones v. PetersonSupreme Court of Missouri · 1934
- Stanton v. Estate of JohnsonMissouri Court of Appeals · 1914
- Parketon v. PugsLeyMissouri Court of Appeals · 1909
- Poplar Bluff Trust Co. v. Bates.Missouri Court of Appeals · 1930
- State ex rel. Woodrome v. FreemanMissouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.