Rogers v. Wilson
Supreme Court of Missouri
Appeal from Douglas Circuit Court. — Hon. John T. Moore, Judge. An execution from a justice court returned on the eighty-ninth day is premature. The right to a transcript execution depends on the justice’s execution and a nulla bona return at the expiration of ninety days.
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Appeal from Douglas Circuit Court. — Hon. John T. Moore, Judge. An execution from a justice court returned on the eighty-ninth day is premature. The right to a transcript execution depends on the justice’s execution and a nulla bona return at the expiration of ninety days. Huhn v. Long, 122 Mo. 605. “Not satisfied” (“I hereby certify that I served within execution”) are not synonymous with nulla bona, and does not answer the requirements of the statute, Sec. 6287, R. S. 1889, Sec. 4019, R. S. 1899. The constable must make a thorough search for property of the execution debtor whereof to make…
1Opinion of the CourtBurgess, J.
This is an action to set aside a sheriff’s deed, made March 30, 1901, conveying to defendant a small parcel of land in Douglas county, Missouri. The levy and sale were made by virtue of a transcript execution issued out of the circuit court of Douglas county on March 6, 1901, based upon a justice’s transcript of a judgment by default rendered by him against the plaintiff in this suit on December 2, 1899, and filed in said circuit court on June 27, 1900, upon which judgment the justice issued an execution December 2,1899, returnable in ninety days. Upon this execution the constable made the…
2Cases cited3 opinions
- Marks v. HardySupreme Court of Missouri · 1885
- Huhn v. LangSupreme Court of Missouri · 1894
- Himmelberger-Harrison Lumber Co. v. McCabeSupreme Court of Missouri · 1909
3Cited by3 opinions
- Pitts v. PittsSupreme Court of Missouri · 1965
- Workman v. AndersonSupreme Court of Missouri · 1957
- McPherrin v. Lumbermen's Supply Co.Missouri Court of Appeals · 1922