Ackerman v. Green
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Sow. Wariviclc Hough, Judge. The statute authorizing this examination is unconstitutional because: (1) The defendant was entitled to be consulted on the appointment of a referee, and this was not done.
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Appeal from St. Louis City Circuit Court. — Sow. Wariviclc Hough, Judge. The statute authorizing this examination is unconstitutional because: (1) The defendant was entitled to be consulted on the appointment of a referee, and this was not done. State v. Barclay, 86 Mo. 58 ; R. S. 1899, secs. 699-705. Hence a denial to the defendant of right to be consulted on the appointment of a referee which is accorded to every other defendant in a case of reference, discriminates against the defendant debt- or and deprives him of the equal protection of the laws. (2) This is an ex parte proceeding before…
1Opinion of the CourtWoodson, J.
This is an application which was filed by the respondent in the circuit court of the city of St. Louis, for an order thereof requiring appellant to undergo an examination, under oath, touching his ability and means to satisfy a judgment, which had theretofore been rendered against him in said court in favor of the respondent.
Prior to the filing of this application an execution had been issued on the judgment and had been returned nulla bona.
As the sufficiency of the application is questioned, as well as the affidavit thereto, it will be necessary for a correct understanding of the questions…
2Cases cited7 opinions
- Baker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
- In re KnaupSupreme Court of Missouri · 1898
- Schwoerer v. ChristophelMissouri Court of Appeals · 1895
- Carter v. TindallMissouri Court of Appeals · 1887
- State ex rel. Ames v. BarclaySupreme Court of Missouri · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Lajoie v. Central West Casualty Co.Missouri Court of Appeals · 1934
- So. Fla. Tr. Co. v. Miami Coliseum Corp.Supreme Court of Florida · 1931
- State Ex Rel. Rowland Group, Inc. v. KoehrSupreme Court of Missouri · 1992
- In Re Reynolds v. JusticeMissouri Court of Appeals · 1933
7 more not listed; retrieve them via the Exa API.