Bauch v. Weber Flour Mills Co.
Missouri Court of Appeals
Appeal from the Circuit Court of Texas County. — Hon. L. B. Woodside, Judge. (1) Such execution has the same force and effect as if issued on a circuit court judgment and is under the control of the circuit court and may he quashed hy the court. Holzhaur v. Meer, 59 Mo. 434; Secs. 2850 and 2851, R. S. 1919; McDonnell v. Tea & Coffee Co., 150 Mo. App. 24, 28; Carter v. Exposition Co., 124 Mo.
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Appeal from the Circuit Court of Texas County. — Hon. L. B. Woodside, Judge. (1) Such execution has the same force and effect as if issued on a circuit court judgment and is under the control of the circuit court and may he quashed hy the court. Holzhaur v. Meer, 59 Mo. 434; Secs. 2850 and 2851, R. S. 1919; McDonnell v. Tea & Coffee Co., 150 Mo. App. 24, 28; Carter v. Exposition Co., 124 Mo. App. 530, 535; Bauer v. Bauer, 40 Mo. 61; Ruby v. Railroad^ 39 Mo. 480; Scharff v. McGaugh, 205 Mo. 344, 356. (2) The statute provides for a filing motion to quash an execution in vacation before the…
1Opinion of the CourtBradley, J.
This is an appeal from an order overruling a motion to quash an execution. Plaintiff is a dealer in flour and feed products at Cabool, Mo. Defendant is a manufacturer and wholesaler of these products at Salina, Kan. Some time prior to July 28, 1920, plaintiff ordered a car of flour and feed from defendant, and when this shipment arrived it was somewhat damaged, and plaintiff filed a claim for $235.05, but the claim was not adjusted. On July 28, 1920, defendant’s travel ing salesman, E. E. Reed, in the course of his duties in calling upon the trade, was in Cabool, and called upon plaintiff at…
2Cases cited19 opinions
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
- International Text-Book Co. v. GillespieSupreme Court of Missouri · 1910
- Doe v. Springfield Boiler & Mfg. Co.Court of Appeals for the Ninth Circuit · 1900
- Davis v. Jacksonville Southeastern LineSupreme Court of Missouri · 1895
- City of St. Louis ex rel. Carroll-Porter Boiler & Tank Co. v. Parker-Washington Co.Supreme Court of Missouri · 1917
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