Prueitt v. Cheltenham Quarry Co.
Missouri Court of Appeals
Appeal 'from the, St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. On a judgment against more than one, execution cannot be issued against one alone. Herman on Ex. sec. 73, p., 62. We do not understand that the case of Welsh v. Eyermann, 7 Mo. App. 588, is overruled by that of State to use v. Finn, 19 Mo. App. 557. In the former case the defendants had appealed and given bond. This court affirmed the judgment against them.
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Appeal 'from the, St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. On a judgment against more than one, execution cannot be issued against one alone. Herman on Ex. sec. 73, p., 62. We do not understand that the case of Welsh v. Eyermann, 7 Mo. App. 588, is overruled by that of State to use v. Finn, 19 Mo. App. 557. In the former case the defendants had appealed and given bond. This court affirmed the judgment against them. Eyermann had no right of appeal from this judgment; therefore the judgment as to him had become a'final judgment. The right to appeal does not exist except…
1Opinion of the CourtPeers, J.
Plaintiff brought suit against the defendant and six others in the circuit court of the city of St. Louis. On the trial, judgment was rendered for the plaintiff against three of the defendants, to-wit, The Cheltenham Quarry Company, Josiah W. Kennedy and Albert Nega. Prom this judgment Kennedy and Nega appealed to this court, giving a supersedeas bond. This defendant did not appeal from the judgment, and execution was issued against it pending the appeal of its co-defendants. Defendant tiled motion to recall and quash the execution, which being overruled by the court, the case comes here by…
2Cases cited4 opinions
- Lenox v. ClarkeSupreme Court of Missouri · 1873
- Holton v. TownerSupreme Court of Missouri · 1884
- Wernecke v. WoodSupreme Court of Missouri · 1874
- State ex rel. Knapp, Stout & Co. v. FinnMissouri Court of Appeals · 1885
3Cited by1 opinion
- Pearson v. HaydelMissouri Court of Appeals · 1901