Semple, Birge & Co. v. Atkinson
Supreme Court of Missouri
Appeal from Bates County Circuit Court. Lippold vs. Heed, 58 Mo. 213 ; Thomas vs. Irwin, 43 Mo. 162 ; McDonald vs. Hulse, 16 Mo. 502 ; Brengle vs. Bushey, 40 Md. 141 ; Bla.ckburn vs. Jackson. 26 Mo. 308 ; Williams vs. Boyce, 11 Mo. 537 ; Spears vs. Ledergerber, 56 Mo. 465 ; Walden vs. Bolton, 55 Mo. 405. Burge Suret. 206 ; 3 Den. 512 ; Small vs. Smith, 38 Mo. 478 ; Benedict vs. Smith, 10 Paige, 126.
1Opinion of the CourtNorton, Judge
This is an'appeal from a judgment of the circuit court of Bates county, sustaining a motion to quash an execution for $865.75 issued on a judgment obtained in said court by plaintiffs against the defendants.
The reasons assigned in the motion for quashing the execution are : 1, that the judgment on which it had been issued had been satisfied and paid ; 2, that defendant Atkinson was only a surety on the note on which the judgment had been rendered ; that plaintiff had previously caused an execution to be issued on the judgment, which was levied upon certain lands of the defendant Bigelow, who…
2Cases cited4 opinions
- Benedict v. SmithNew York Court of Chancery · 1843
- Spears v. LedergerberSupreme Court of Missouri · 1874
- Walden v. BoltonSupreme Court of Missouri · 1874
- Smarr v. SchnitterSupreme Court of Missouri · 1866
3Cited by10 opinions
- Davis v. HallSupreme Court of Missouri · 1886
- Martin v. Capital InsuranceSupreme Court of Iowa · 1892
- Holden v. VaughanSupreme Court of Missouri · 1877
- State v. CliffordSupreme Court of Missouri · 1894
- Beagles v. RobertsonMissouri Court of Appeals · 1909
5 more not listed; retrieve them via the Exa API.