Legal Opinion

Murphy v. Wilson

Missouri Court of Appeals

Decided April 10, 1900PublishedCited by 4 opinions

Appeal from the Pulaski Circuit Court.—Hon. Leigh B. Woodside, Judge. (1) Under the authority of the case of Johnson v. Latta, 84 Mo. 139, it is the duty of this court to fully review the action of the circuit court in this kind of a proceeding, whether the objections thereto are fully set forth in a motion for new trial or not.

Read the full summary

Appeal from the Pulaski Circuit Court.—Hon. Leigh B. Woodside, Judge. (1) Under the authority of the case of Johnson v. Latta, 84 Mo. 139, it is the duty of this court to fully review the action of the circuit court in this kind of a proceeding, whether the objections thereto are fully set forth in a motion for new trial or not. Bruce v. Yogel, 38 Mo. 100; Slagel v. Murdock, 65 Mo. 522. Meyer v. Nickerson, 101 Mo. 184, lays down this rule: “If existing incumbrances are not taken into account in locating the homestead, the remedy of the execution defendant is to proceed by motion in the same…

1Opinion of the CourtBland, P. J.

At the March term, 1898, of the Pulaski Circuit Court, Mary C. Patton recovered a judgment of $1,500 against the respondent herein, which judgment she duly assigned to the appellant herein. An alias execution was issued on said judgment and a levy made on 160 acres of land as the land of respondent. A motion to quash this levy was filed and sustained, wherefore this appeal was taken.

The motion to quash was sustained on the following agreed statement of facts:

“Upon the hearing of this motion it was agreed in open court as follows. This judgment was rendered in the circuit court of Pulaski…

2Cases cited1 opinion

  1. Meyer v. NickersonSupreme Court of Missouri · 1890

3Cited by4 opinions

  1. Simmons v. FridaySupreme Court of Missouri · 1949
  2. State Ex Rel. Rowland Group, Inc. v. KoehrSupreme Court of Missouri · 1992
  3. Martin v. MartinSupreme Court of Missouri · 1926
  4. In re KoehlerMissouri Court of Appeals · 1913

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API