Ferguson v. Carson
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. “A creditor having recovered judgment against his debtor and a surety separately, the surety satisfied the judgment against himself, and took an assignment of the judgment against his principal.
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Appeal from the St. Louis Circuit Court, Boyle, J. “A creditor having recovered judgment against his debtor and a surety separately, the surety satisfied the judgment against himself, and took an assignment of the judgment against his principal. Held, that the judgment so assigned might be enforced by the surety.” — Glason v. Morris, 10 Johns. 524. “When a surety pays a judgment against himself and the principal, he has a right to have it assigned to him, and to use it as a subsisting judgment against the principal.” — Goodyear v. Watson, 14 Barb. 481; McDougald v. Dougherty, 14 Ga. (574;…
1Opinion of the CourtBakewell, J.
This was an application by a creditor of the estate of J. B. Carson, deceased, for an order of sale of realty. The probate court denied the application, and ordered that the petition be dismissed. The petitioner appealed to the circuit court. On hearing anew in that court, the prayer of the petitioner was refused.
It is contended that the action of the probate court shows no final order from which an appeal would lie. The refusal of the probate court to make the preliminary order applied for, would seem to be a final disposition of the matter, so far as that court was concerned. There could be…
2Cases cited4 opinions
- McDougald v. DoughertySupreme Court of Georgia · 1854
- Trustees of General Assembly of the Presbyterian Church v. McElhinneySupreme Court of Missouri · 1876
- Goodyear v. WatsonNew York Supreme Court · 1851
- Garnett v. CarsonMissouri Court of Appeals · 1881
3Cited by6 opinions
- Gardine v. CotteySupreme Court of Missouri · 1950
- State ex rel. Ziegenhein v. TittmannSupreme Court of Missouri · 1890
- Wilson v. MeyerUtah Supreme Court · 1901
- State ex rel. Mitchell v. GuinotteMissouri Court of Appeals · 1905
- Lewis v. CarsonMissouri Court of Appeals · 1884
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