Gregory v. Evans
Supreme Court of Missouri
Error to Osage Circuit Court. On the 11th of May, 1850, Charles H. Gregory recovered judgment before a justice of the peace. Execution issued, and Jesse C. Evans and Richard A. Campbell were summoned as garnishees on the 6th day of December, 1852. Evans answered that he owed Davis $31 75. Campbell answered that he owed him $3 50. The justice rendered judgment against the plaintiff in the execution, from which he appealed to the Circuit Court.
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Error to Osage Circuit Court. On the 11th of May, 1850, Charles H. Gregory recovered judgment before a justice of the peace. Execution issued, and Jesse C. Evans and Richard A. Campbell were summoned as garnishees on the 6th day of December, 1852. Evans answered that he owed Davis $31 75. Campbell answered that he owed him $3 50. The justice rendered judgment against the plaintiff in the execution, from which he appealed to the Circuit Court. At the trial in the Circuit Court, Davis read in evidence a schedule of property claimed by him as exempt from execution, under the act of 1847, in…
1Opinion of the CourtRyland, Judge
1. The only point of importance in this case is in reference to the acts of 1847 and 1853, reserving property, &c., of defendant from execution. The act of 1847 — (p. 52, pamphlet,) concerning “Executions,” amendatory of the act of 1845, on the same subject, has the following provision: Sec. 1. “ Each head of a family, at his election, in lieu of the property mentioned in the first and second subdivisions of the eleventh section of an act entitled “An act to regulate Executions,” approved 26th March, 1845, may select, and hold exempt from execution, any other property, real, personal or…
2Cited by2 opinions
- State ex rel. Conklin v. BaradaSupreme Court of Missouri · 1874
- McFadden v. MurrayNew Mexico Supreme Court · 1927