Campbell v. Kauffman Milling Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Eon. Damiel G. Taylor, Judge. (1) The effect of an unqualified setting aside of a judgment, order or decree is to nullify it completely and the party should be restored to the property he has lost by reason thereof. Moore v. Damon, 4 Mo. App. Ill; 3 Cyc. 460. (2) The money sued for was in custodia legis —not subject to execution—and the assignee was compelled to act in obedience to the orders of the court.
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Appeal from St. Louis City Circuit Court.—Eon. Damiel G. Taylor, Judge. (1) The effect of an unqualified setting aside of a judgment, order or decree is to nullify it completely and the party should be restored to the property he has lost by reason thereof. Moore v. Damon, 4 Mo. App. Ill; 3 Cyc. 460. (2) The money sued for was in custodia legis —not subject to execution—and the assignee was compelled to act in obedience to the orders of the court. He Avas clothed with no authority to dispose of the trust estate except as directed by the court. The rule therefore ordinarily applicable as…
1Opinion of the CourtBland, P. J.
From appellant’s statement we quote and adopt the following succinct and correct statement of the facts as shown by the abstracts filed:
“This is an action for money had and received. The respondent had been shipping flour to one Gibbensi, at Jacksonville, Florida, and in 1893, Gibbens made an assignment for the benefit of his creditors to Alexander B. Campbell. Among the assets delivered to the assignee were certain flour accounts. The respondent claimed it had been shipping flour to Gibbens on consignment and that in selling same he was acting only as a broker. Suit was filed by respondent…
2Cases cited4 opinions
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Teasdale v. StollerSupreme Court of Missouri · 1896
- Scholey v. . HalseyNew York Court of Appeals · 1878
- Moore v. DamonMissouri Court of Appeals · 1877
3Cited by1 opinion
- Riley-Wilson Grocer Co. v. Seymour Canning Co.Missouri Court of Appeals · 1908