Commercial Real Estate & Brokerage Co. v. Riemann
Missouri Court of Appeals
Appeal from St. Louis City Circuit court . — Hon. Mouses A*. Sale, Judge. (1) From October 29, 1903, the contention in this case of the garnishees is: that every act of both constable and justice was irregular, i. e., on October 29, 1903, the execution issued on July 31, 1903, might have been renewed by the justice.
Read the full summary
Appeal from St. Louis City Circuit court . — Hon. Mouses A*. Sale, Judge. (1) From October 29, 1903, the contention in this case of the garnishees is: that every act of both constable and justice was irregular, i. e., on October 29, 1903, the execution issued on July 31, 1903, might have been renewed by the justice. Section 4038, G. S., page 972. But it could not bfe renewed directly or indirectly after it had been returned by the officer of that court, and in any event either of renewal or issuance, a docket entry should show the fact. Sec. 4038. Decker v. Lidwell, 3 Mo. App. 600; Bark v.…
1Opinion of the CourtGoode, J.
These appellants, A. Riemann and Anton Wind, doing business as A. Riemann & Go., are garnishees in the present cause. The defendants are Arnold Plack and A. G. Wolfram. The action was instituted before a justice of the peace in St. Louis on some promissory notes and a small judgment was recovered against *651the two defendants. This judgment was entered July 31, 1903, and on the same day an execution was issued by the justice. On October 29th, the constable returned this execution nulla bona and on the same day, an alias execution was issued by the justice, but the fact was not noted on his…
2Cases cited5 opinions
- Todd v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Gregor Grocer Co. v. CarlsonMissouri Court of Appeals · 1896
- State ex rel. Clement v. RaineyMissouri Court of Appeals · 1903
- State ex rel. Schoettler v. BoettgerMissouri Court of Appeals · 1890
- State ex rel. Clement v. StokesMissouri Court of Appeals · 1903
3Cited by2 opinions
- State Ex Rel. Shaw State Bank v. PfeffleMissouri Court of Appeals · 1927
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929