Legal Opinion

Marriage of Smith v. Smith

Missouri Court of Appeals

Decided September 11, 1990No. 57581PublishedCited by 2 opinions

1Opinion of the Court

GRIMM, Judge.

In this action to set aside or quash an execution issued in a dissolution case, husband David 0. Smith appeals from the trial court’s denial of his petition. We affirm.

Husband raises two points of error. First, the trial court “erred in denying the petition to quash or set aside execution because the court ... does not have jurisdiction to issue a writ of general execution in that the award of the particular [checking] account is not a monetary judgment.” We disagree. Under the facts and circumstances here, the trial court did not err in denying the petition to quash.

Second, the…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Reis v. La PrestoSupreme Court of Missouri · 1959
  2. State Ex Rel. Jones v. ReaganMissouri Court of Appeals · 1964
  3. Flynn v. JanssenSupreme Court of Missouri · 1954
  4. In Re the Marriage of SmithMissouri Court of Appeals · 1990
  5. McConnell v. St. Louis CountyMissouri Court of Appeals · 1983

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Division of Employment Security v. CusumanoMissouri Court of Appeals · 1991
  2. State, Department of Revenue, Child Support Enforcement Division v. DemersAlaska Supreme Court · 1996

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