Ex parte James
Supreme Court of Missouri
Appeal from, Gal dwell Gireuit Court. I. A motion to quash an execution will only lie for irregularity in the execution, or in the proceedings under it, and not for irregularity in the judgment. (Gaston vs. White, 46 Ho., 486 ; see also, Ellis vs. Jones, 51 Ho., 180; Hardin vs. Lee, 51 Ho., 241; Allen vs. Sales, 56 Ho., 28; Cabell vs. Grubbs, 48 Ho., 353.) II. There was no final order or judgment in this proceeding from which an appeal could be taken.
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Appeal from, Gal dwell Gireuit Court. I. A motion to quash an execution will only lie for irregularity in the execution, or in the proceedings under it, and not for irregularity in the judgment. (Gaston vs. White, 46 Ho., 486 ; see also, Ellis vs. Jones, 51 Ho., 180; Hardin vs. Lee, 51 Ho., 241; Allen vs. Sales, 56 Ho., 28; Cabell vs. Grubbs, 48 Ho., 353.) II. There was no final order or judgment in this proceeding from which an appeal could be taken. The proceedings on the execution were not put an end to by this order. (Hill vs. Young, 3 Mo., 337; George vs. Craig, 6 Mo., 618; Gale vs.…
1Opinion of the CourtNapton, Judge
This was a motion to quash an execution and to restrain the sheriff from selling property levied on under it, because the execution was based on a judgment which was of no validity.
The record is very imperfect; but there is enough to show: the following state of facts:
In 1867, Charles Buster and Andrew J. McCollom instituted a suit against Merryweather Thompson, and various other defendants, the object of which does not appear, nor is it material. At the February term, 1870, the clerk of the court moved the court that security for costs should be given by the plaintiffs, and this motion was…
2Cited by9 opinions
- McDougal v. McDougalMissouri Court of Appeals · 1955
- Atcherley v. JarrettHawaii Supreme Court · 1909
- City of Aurora ex rel. Williams v. LindsaySupreme Court of Missouri · 1898
- Wauchope v. McCormickSupreme Court of Missouri · 1900
- Herson v. Chicago & Alton RailroadMissouri Court of Appeals · 1885
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