Howard v. Howard

MATTHES, Judge.

This is an appeal from the judgment quashing an execution and denying defendant-appellant’s motion for attorney’s fee in contesting the motion to • quash the execution. The sustaining of the motion to quash the execution is a final judgment for purposes of appeal, Flynn v. Janssen, Mo.Sup., 266 S.W.2d 666, loc. cit. 671; McDougal v. McDougal, Mo.App., 279 S.W.2d 731, loc. cit. 735, as is the judgment denying the attorney’s fee, Smith v. Smith, 164 Mo.App. 439, 144 S.W. 1199, adopting, 151 Mo.App. 649, 132 S.W. 312.

The judgment appealed from grew out of these facts: On June 17,…