Love v. Fairfield
Supreme Court of Missouri
BRBOB TO ST. LOUIS CIHCUIT COUBT. Fairfield sued Love in. trespass to the April term, 1846, of the St. Louis Circuit Court, and got judgment by default, on which damages were assessed at the same term for $800, and execution issued therefor. The execution was returned “satisfied in full,” by the sheriff acting under instructions from the plaintiff, Fairfield.
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BRBOB TO ST. LOUIS CIHCUIT COUBT. Fairfield sued Love in. trespass to the April term, 1846, of the St. Louis Circuit Court, and got judgment by default, on which damages were assessed at the same term for $800, and execution issued therefor. The execution was returned “satisfied in full,” by the sheriff acting under instructions from the plaintiff, Fairfield. This return was made October 28, 1846, the regular return day of said wri* being the third Monday of November of that year. On the 28th November, 1846, Field & Hall filed their motion to the St. Louis Circuit Court, to award execution on…
1Opinion of the CourtRyland, J.
Tbe main question, from tbe above statement of the case involves tbe right of a party to assign to another, a part of a judgment at law can tbe payee of a chose in action, assign a part thereof to another, so as to affect tbe rights of the payer without bis assent ? The validity of an assignment of a part of a judgment, is a question which was not passed upon by this court, in tbe case of Laughlin v. Lisle & Edwards, 8 Mo. R. 369, because it was not made. It did not occur to tbe court, that there could be any doubt about tbe right to assign a part as well as tbe whole of a judgment.
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