McManus v. Burrows
Supreme Court of Missouri
Appeal'from St. Louis City Circuit Court. — Eon. Matt G. Reynolds, Judge. (1) No one but a party to the suit can have an execution. Price and Nichols were the attorneys for the plaintiff, and Gerhart, Grenner and Trembley were the commissioners appointed by the court to make the partition and had no authority to direct the issuance of an execution.
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Appeal'from St. Louis City Circuit Court. — Eon. Matt G. Reynolds, Judge. (1) No one but a party to the suit can have an execution. Price and Nichols were the attorneys for the plaintiff, and Gerhart, Grenner and Trembley were the commissioners appointed by the court to make the partition and had no authority to direct the issuance of an execution. R. S. 1899, Secs, 1563, 3151, 4392, 4415 and 4422: Hoover v. Railroad, 115 Mo. 77; Davis v. McCann, 143 Mo. 172; State ex rel. v. Benick, 157 Mo. 292; Beedle v. Mead, 81 Mo. 306. (2) The right to an execution is a strictly statutory right, and must…
1Opinion of the Court
BLAIR, C.
This is an appeal from an order of the circuit court of the city of St. Louis overruling a motion to recall and quash an execution issued on a judgment partitioning certain property in kind and awarding costs and attorneys’ fees.
On the coming in of the report of the commissioners the plaintiff, the present appellant, moved for confirmation of the report and the court took up at the same time with plaintiffs’ motion the petition or motion for the allowance of attorneys’ and commissioners’ fees and thereupon rendered judgment confirming the report of the commissioners, making certain…
2Cases cited8 opinions
- Coe v. RitterSupreme Court of Missouri · 1885
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Davis v. McCannSupreme Court of Missouri · 1898
- Beedle v. MeadSupreme Court of Missouri · 1883
- State ex rel. Kansas City v. RenickSupreme Court of Missouri · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- McManus v. BurrowsSupreme Court of Missouri · 1919
- Connor Realty Co. v. St. Louis Union Trust Co.Missouri Court of Appeals · 1913
- McManus v. BurrowsMissouri Court of Appeals · 1915
- McManus v. BurrowsMissouri Court of Appeals · 1921