Carr v. Pennsylvania Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court . — Hon. Warwick Hough, Judge. (1) The right to quash an execution is a right inherent in the court, regardless of the grade of the court. This is the doctrine announced by Freeman,which has received the approval of the Kansas City Court of Appeals in the above cited case of Parker v. Oxendine, 85 Mo. App. 212. It is also the doctrine announced in two California decisions.
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Appeal from St. Louis City Circuit Court . — Hon. Warwick Hough, Judge. (1) The right to quash an execution is a right inherent in the court, regardless of the grade of the court. This is the doctrine announced by Freeman,which has received the approval of the Kansas City Court of Appeals in the above cited case of Parker v. Oxendine, 85 Mo. App. 212. It is also the doctrine announced in two California decisions. Luco v. Brown, 73 Cal. 3; Sanchez v. Carriaga, 31 Cal. 170. (2) These two cases are cited by our Supreme Court as authorities, and the rule announced in them is thus adopted by our…
1Opinion of the CourtReyburn, J.
— This action was brought before a justice of the peace in the city of St. Louis, against defendant, a foreign railroad corporation, but having an office and transacting business in that city; the writ was returned duly served and on return day, defendant made default, the justice heard testimony and rendered judgment against defendant of date March eighth, 1904; March eleventh an execution issued to the *390constable, March seventeenth, the defendant, appearing specially for such purpose, filed a motion to quash the execution which was overruled April eleventh by the justice and on April…
2Cases cited6 opinions
- Atkins v. SiddonsSupreme Court of Alabama · 1880
- Brownfield v. ThompsonMissouri Court of Appeals · 1902
- Luco v. BrownCalifornia Supreme Court · 1887
- Gates v. LaneCalifornia Supreme Court · 1874
- Comstock v. ClemensCalifornia Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State ex rel. Modern Finance Co. v. BledsoeMissouri Court of Appeals · 1968
- State ex rel. Auto Finance Co. v. CollinsSupreme Court of Missouri · 1973
- Hunter Land & Development Co. v. JacksonMissouri Court of Appeals · 1922
- State ex rel. Auto Finance Co. v. CollinsMissouri Court of Appeals · 1972