Fiske, Knight & Co. v. Lamoreaux
Supreme Court of Missouri
Error to Washington Circuit Court. The motion of plaintiffs in error to quash was proper. (Parker et al. v. Waugh, etc., 34 Mo. 340.) No one but the defendant in the execution can. move to quash, and no one but the defendant in a judgment can move to set aside except in the case of judgments confessed, and then only for insufficiency of statement. *
1Opinion of the CourtCurrier, Judge
This was a proceeding by motion to quash an execution. It appears from the record that the firm of Lamoreaux & Co., in November, 1869, recovered a judgment in the Washington county Circuit Court against one Lumpkin for $2,369.50. An execution was issued and returned satisfied only in part, to-wit: $500. September 13, 1870, an alias execution was sued out for the benefit and to the use of Andrew Casey, who had taken an assignment of the judgment.
This execution was levied on the real and .personal property of the execution debtor. In October, 1870, the plaintiffs in error-obtained a judgment…
2Cited by3 opinions
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- State ex rel. Carter v. ClymerSupreme Court of Missouri · 1883
- Gay v. OrcuttSupreme Court of Missouri · 1902