Sutton v. Cole
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) Justice Swinney issued execution on the revived judgment August 1, 1895, directed and delivered to the constable of Monroe township, where the defendant Cole resides, and which was returned by said constable November 4, 1895 (more than ninety days), not satisfied, no goods or chattels of the defendant being found upon which to levy the same.
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Transferred from St. Louis Court of Appeals. (1) Justice Swinney issued execution on the revived judgment August 1, 1895, directed and delivered to the constable of Monroe township, where the defendant Cole resides, and which was returned by said constable November 4, 1895 (more than ninety days), not satisfied, no goods or chattels of the defendant being found upon which to levy the same. This wasi shown by the transcript of Justice Swinney, filed with the circuit clerk before execution was issued by him. The amount for which Justice Allen rendered judgment against the defendants in 1881 did…
1Opinion of the CourtMarshall, J.
This cause was certified to this court, under section 6 of the amendment to the Constitution, 1884, by the St. Louis Court of Appeals, because Biggs, J., deemed the opinion of the majority of that court to be contrary to the previous decisions in Milsap v. Wildman, 5 Mo. 425; State v. Hoeffner, 124 Mo. 488; Walsh v. Bosse, 16 Mo. App. 231; Wolff v. Schaeffer, 4 Mo. App. 367; Kratz v. Preston, 52 Mo. App. 251.
The case is this: On the 27th of September, 1881, Martin, administrator of Willhoeft, instituted a suit on a note (date and amount not stated) against Thomas A. Cole, James R. Young and…
2Cases cited21 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- State v. MetzgerSupreme Court of Missouri · 1857
- Schell v. LelandSupreme Court of Missouri · 1870
- Humphreys v. LundySupreme Court of Missouri · 1866
16 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hayes v. HayesSupreme Court of Missouri · 1952
- Goddard ex rel. Hyde v. DelaneySupreme Court of Missouri · 1904
- State Ex Rel. Silverman v. KirkwoodSupreme Court of Missouri · 1951
- State v. WilsonSupreme Court of Missouri · 1915
- Cole v. ColeMissouri Court of Appeals · 1901
26 more not listed; retrieve them via the Exa API.