Legal Opinion

Semple, Birge & Co. v. Atkinson

Supreme Court of Missouri

Decided April 15, 1877PublishedCited by 10 opinions

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

  1. Benedict v. SmithNew York Court of Chancery · 1843
  2. Spears v. LedergerberSupreme Court of Missouri · 1874
  3. Walden v. BoltonSupreme Court of Missouri · 1874
  4. Smarr v. SchnitterSupreme Court of Missouri · 1866

3Cited by10 opinions

  1. Davis v. HallSupreme Court of Missouri · 1886
  2. Martin v. Capital InsuranceSupreme Court of Iowa · 1892
  3. Holden v. VaughanSupreme Court of Missouri · 1877
  4. State v. CliffordSupreme Court of Missouri · 1894
  5. Beagles v. RobertsonMissouri Court of Appeals · 1909

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