Mellier v. Bartlett
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. R. P. Owen, Judge. (1) The statute requires that reasonable notice of a motion to quash an execution shall be given. R. S., sec. 2405. And -the statute does not limit the defendant to a petition verified by affidavit. He may have his motion in open court. Heuring v. Williams, 65 Mo. 447. But notice is not dispensed with. R. S., secs. 3505, 3506, 3507. (2) The circuit court of Butler county had no jurisdiction.
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Appeal from Butler Circuit Court. — Hon. R. P. Owen, Judge. (1) The statute requires that reasonable notice of a motion to quash an execution shall be given. R. S., sec. 2405. And -the statute does not limit the defendant to a petition verified by affidavit. He may have his motion in open court. Heuring v. Williams, 65 Mo. 447. But notice is not dispensed with. R. S., secs. 3505, 3506, 3507. (2) The circuit court of Butler county had no jurisdiction. McDonald v. Thurman, 17 Mo. 603; Nelson v. Brotan, 23 Mo. 19. Nor would any proceeding be sustained in a county other than that from which the…
1Opinion of the CourtBlack, J.
The plaintiff, in 1875, obtained a judgment in the circuit court of St. Louis county against the defendant for $395. On the fourth of December, 1883, he had an alias execution issued on the judgment, directed to the sheriff of Butler county, returnable to the February term of the circuit court of St. Louis county. The sheriff of Butler county levied the execution upon *137property in that county and advertised the same for sale on the twenty-second of January, 1884. On the day preceding the day of sale, the defendant filed a motion in the circuit -court of Butler county, that court being then in…
2Cases cited5 opinions
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Pettus v. ElginSupreme Court of Missouri · 1848
- Keyte v. PlemmonsSupreme Court of Missouri · 1859
- Heuring v. WilliamsSupreme Court of Missouri · 1877
- McDonald v. TiemannSupreme Court of Missouri · 1853
3Cited by8 opinions
- Pflanz v. PflanzMissouri Court of Appeals · 1944
- Farris v. SmithpeterMissouri Court of Appeals · 1914
- Newton v. NewtonMissouri Court of Appeals · 1888
- R. W. Wallace & Sons Manufacturing Co. v. Hagood Manufacturing Co.Missouri Court of Appeals · 1916
- State Ex Rel. Sexton v. RoehrigSupreme Court of Missouri · 1929
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