Magwire v. Marks
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. On tlie 9th of January, 1843, John Magwire recovered a judgment in the St. Louis court of common pleas against Dennis Marks for 11,575.35, and on the 21st of April, 1843, Magwire recovered another judgment against said Marks for $960.54. On the 3d of December, 1847, executions issued upon these judgments, and the sheriff by direction of Ma-gwire levied the same on certain personal property.
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Error to St. Louis Court of Common Pleas. On tlie 9th of January, 1843, John Magwire recovered a judgment in the St. Louis court of common pleas against Dennis Marks for 11,575.35, and on the 21st of April, 1843, Magwire recovered another judgment against said Marks for $960.54. On the 3d of December, 1847, executions issued upon these judgments, and the sheriff by direction of Ma-gwire levied the same on certain personal property. A sale was made under these levies and the amount made was credited pro rata upon the two executions. Magwire afterwards filed his motions to vacate the…
1Opinion of the CourtNaptoN, Judge
The twentieth section of the eighth article of the act to regulate proceedings in justices’ courts is an important modification of the law governing execution sales. Occurring, as it does, in the act which relates to justices’ courts only, it may be presumed that it was only designed to apply to executions issuing from these inferior tribunals, yet its language is broad enough to include all kinds of executions; and it is not very apparent what motive could have induced the legislature to introduce the remedy therein provided in one class of executions more than in another. The doctrine of…
2Cases cited1 opinion
- Heath v. DaggettSupreme Court of Missouri · 1855
3Cited by5 opinions
- Knaak v. BrownNebraska Supreme Court · 1927
- McLean v. MartinSupreme Court of Missouri · 1870
- Dresser v. KronbergSupreme Judicial Court of Maine · 1911
- Acme Harvester Co. v. MagillNorth Dakota Supreme Court · 1906
- Bailey v. BuchananMissouri Court of Appeals · 1907