Roberts v. Nelson
Missouri Court of Appeals
Appeal from the Grreene County Circuit Court, W. F. Gteiger, Judge. The motion of the plaintiffs filed in this cause in the court below, to set aside and vacate the wrongful and unauthorized entry of satisfaction of the judgment on the margin of the record thereof by the attorney for the plaintiffs, and for an execution inconformity with said judgment, was the proper proceeding for the enforcement of said judgment against the defendant.
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Appeal from the Grreene County Circuit Court, W. F. Gteiger, Judge. The motion of the plaintiffs filed in this cause in the court below, to set aside and vacate the wrongful and unauthorized entry of satisfaction of the judgment on the margin of the record thereof by the attorney for the plaintiffs, and for an execution inconformity with said judgment, was the proper proceeding for the enforcement of said judgment against the defendant. Cohen v. Camp, 46 Mo. 179 ; Freeman on Executions, sect. 361. Said judgment not having been paid, the entry of satisfaction of the same on the margin thereof,…
1Opinion of the CourtRombauer, J.
The plaintiffs, on February 1,1883, recovered a judgment against the defendant for the possession of certain premises, $234.98 damages, and $15.25 monthly rents and profits, which, upon appeal, was affirmed by the supreme court.
W. C. Price, the plaintiff’s attorney, claiming an interest in said judgment, immediately after its affirmance, and before any execution issued thereon, entered into an agreement with the defendant, whereby, in consideration that the defendant would attorn to him, and pay the amount of the judgment at his convenience, said Price agreed to satisfy the judgment.
The…
2Cases cited6 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- Spears v. LedergerberSupreme Court of Missouri · 1874
- Semple, Birge & Co. v. AtkinsonSupreme Court of Missouri · 1877
- Walden v. BoltonSupreme Court of Missouri · 1874
- State ex rel. Bank of Missouri v. HawkinsSupreme Court of Missouri · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Alexander v. Grand Avenue Railway Co.Missouri Court of Appeals · 1893
- Kersey v. O'DaySupreme Court of Missouri · 1903
- State v. CliffordSupreme Court of Missouri · 1894
- Tyler v. the Superior CourtSupreme Court of Rhode Island · 1909
3 more not listed; retrieve them via the Exa API.