McDonald v. Tiemann
Supreme Court of Missouri
Appeal from Franklin Circuit Court. Tiemann filed a motion in the Circuit Court of Franklin county, at the April term, 1852, to quash ‘an execution issued to the sheriff of that county, in favor of Susannah McDonald, on a judgment rendered in the Circuit Court of Gasconade county. On the hearing, it was proved that Susannah McDonald died before the execution issued.
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Appeal from Franklin Circuit Court. Tiemann filed a motion in the Circuit Court of Franklin county, at the April term, 1852, to quash ‘an execution issued to the sheriff of that county, in favor of Susannah McDonald, on a judgment rendered in the Circuit Court of Gasconade county. On the hearing, it was proved that Susannah McDonald died before the execution issued. The motion was overruled, and Tiemann appealed. insisted that the execution should have been quashed because it issued in favor of a deceased party. insisted that, as the execution was a mere fee bill to compel the payment of the…
1Opinion of the Court
Gamble, Judge.
The motion of Tiemann, in the Circuit Court of Franklin county, to quash an execution issued to the sheriff of that county, upon a judgment rendered in the Circuit Court of Gasconade county, was properly overruled, because the court of Franklin county had no jurisdiction to quash an execution issued from the court of another county. The motion must be made in the court from which the process issues. Pettis v. Elgin, 11 Mo. Rep. 411.
The judgment of the Franklin Circuit Court is, with the concurrence of the other judges, affirmed.
2Cases cited1 opinion
- Pettus v. ElginSupreme Court of Missouri · 1848
3Cited by6 opinions
- State ex rel. Marrs v. WessellSupreme Court of Missouri · 1911
- Keyte v. PlemmonsSupreme Court of Missouri · 1859
- Mellier v. BartlettSupreme Court of Missouri · 1886
- Norman v. EastburnSupreme Court of Missouri · 1910
- Farris v. SmithpeterMissouri Court of Appeals · 1914
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