State ex rel. Mulvihill v. Kumpff
Missouri Court of Appeals
Appeal from the Jackson Circuit Court.— Hon. J. H. Slover, Judge. A party recovering judgment in a circuit court is entitled, as a matter of course, and of right, to an execution, in accordance with the judgment, to have the same carried into effect. The right can only be taken away or suspended by appeal, oh executing a proper supersedeas bond approved by the court from whose judgment the appeal is taken, etc.
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Appeal from the Jackson Circuit Court.— Hon. J. H. Slover, Judge. A party recovering judgment in a circuit court is entitled, as a matter of course, and of right, to an execution, in accordance with the judgment, to have the same carried into effect. The right can only be taken away or suspended by appeal, oh executing a proper supersedeas bond approved by the court from whose judgment the appeal is taken, etc. R. S. 1889, sec. 4895; R. S. 1889, sec. 6020; R. S. 1889, sec. 2240; Hicks v. Jackson, 85 Mo. 283; Bush v. White, 85 Mo. 339; Prewitt v. Cheltenham, 32 Mo. App. 384; State ex rel. v.…
1Opinion of the CourtSmith, P. J.
This is an appeal from a judgment quashing an execution. The undisputed facts of the case are that, on October 11, 1894, the relators recovered judgment against defendants, and that the suit in which the judgment was rendered was founded on the bond of defendant George Kumpff, administrator, with the will annexed, of the estate of Bridget Scanlan, deceased, as principal, and the other defendants as sureties, for the recovery of funds in the hands of the defendant administrator, which relators claimed, as devisees under the will of the testatrix.
We infer from the record, and statement of…
2Cases cited5 opinions
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