O'Shea v. Payne
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. S. H. Woodson, Judge, (1) The action of plaintiff was not maintainable on a foreign judgment in attachment. Freeman on Judg., § 436. (2) The cause of action, whatever it may have originally been, was merged in the judgment obtained in Kansas. That judgment thenceforward became the cause of action as against Payne, and in favor of O’Shea.
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Appeal from Jackson Circuit Court.—Hon. S. H. Woodson, Judge, (1) The action of plaintiff was not maintainable on a foreign judgment in attachment. Freeman on Judg., § 436. (2) The cause of action, whatever it may have originally been, was merged in the judgment obtained in Kansas. That judgment thenceforward became the cause of action as against Payne, and in favor of O’Shea. Freeman on Judg., (3 Ed.) §§ 215, 216, 217. But such cause of ac* tion had no existence in this State until action was brought on it and service had. Action on the judgment was begun March 23rd, 1880, and judgment had…
1Opinion of the CourtSherwood, J.
This cause comes here on the appeal of the defendant, based on the refusal of the court below to quash an execution issued in the cause, and levied upon certain real estate claimed by the defendant as his homestead. The quantity of land did not exceed that exempted by law, and the deed whereby the defendant acquired the land was filed for record March 1st, 1880. The judgment on which the execution, in question was based, was rendered before a justice of the peace of Jackson county, Missouri, on service of ordinary process, April 7th, 1880, and this judgment, as was proved and admitted on the…
2Cases cited4 opinions
- City of Springfield v. SchmookSupreme Court of Missouri · 1878
- Lincoln v. RoweSupreme Court of Missouri · 1876
- Brainard v. Van KuranSupreme Court of Iowa · 1867
- Laing v. CunninghamSupreme Court of Iowa · 1864
3Cited by1 opinion
- Lewis v. BarnesSupreme Court of Missouri · 1917