Hubbard v. Moss
Supreme Court of Missouri
Appeal from Newton Probate and Common Pleas Court.—Hon. P. H. Edwards, Judge. This was a proceeding under section 54, page 192 "Wag. Stat, by motion against the sureties in a forthcoming bond given by the defendant in an attachment suit. The attachment suit was brought to recover rent, and the writ was levied on a part of the crop grown on the premises during the year for which the rent accrued.
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Appeal from Newton Probate and Common Pleas Court.—Hon. P. H. Edwards, Judge. This was a proceeding under section 54, page 192 "Wag. Stat, by motion against the sureties in a forthcoming bond given by the defendant in an attachment suit. The attachment suit was brought to recover rent, and the writ was levied on a part of the crop grown on the premises during the year for which the rent accrued. Defendant was personally served and subsequently appeared to the action, which resulted in a general judgment against him. At a subsequent term, without setting this judgment aside, and without notice…
1Opinion of the CourtHenry, J.
We cannot conceive why, even if the court had the right to make it, the nunc pro tunc entry was made. The two judgments were substantially the same. One, the first, was for $100, and that plaintiff have execution against the property of defendant; the second, was for the same amount, and that plaintiff have execution against the property attached in the suit, as well as against the other property of defendant. Hnder the execution awarded by the original judgment, the sheriff could have taken, as well the attached property as other property of defendant, and, under the second, he could do…
2Cases cited2 opinions
- Price v. RoetzellSupreme Court of Missouri · 1874
- Mammon v. HartmanSupreme Court of Missouri · 1872
3Cited by7 opinions
- White v. WhiteCalifornia Supreme Court · 1900
- Toney v. GoodleyMissouri Court of Appeals · 1894
- Ross v. RossSupreme Court of Missouri · 1884
- Hulett v. StockwellMissouri Court of Appeals · 1887
- Bishop v. SealMissouri Court of Appeals · 1902
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