Legal Opinion

Marks v. Hardy

Supreme Court of Missouri

Decided April 15, 1885PublishedCited by 11 opinions

Appeal from, St. Louis Court of Appeals. A return is essential to tlie creation of anv riaNt based on an execution against a stockholder. Courts will not dispense with any statutory formality, even when ■they deem it unimportant. Bright v. Boyd, 1 Story C. O. 486; Townsend v. Tallant, 33 Cal. 45; Bree v. Bree, 51 111. 367; Abernathy v. Dennis, 49 Mo. 468; MerriU ■v. Walker, 24 Me. 240; 8 hr oyer v. Nickoll, 55 Mo. 500; Turner v. By.

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Appeal from, St. Louis Court of Appeals. A return is essential to tlie creation of anv riaNt based on an execution against a stockholder. Courts will not dispense with any statutory formality, even when ■they deem it unimportant. Bright v. Boyd, 1 Story C. O. 486; Townsend v. Tallant, 33 Cal. 45; Bree v. Bree, 51 111. 367; Abernathy v. Dennis, 49 Mo. 468; MerriU ■v. Walker, 24 Me. 240; 8 hr oyer v. Nickoll, 55 Mo. 500; Turner v. By. Co., 78 Mo. 580; Sedgwick on Construction (Ed. Pomeroy) 277. • And What is obviously implied is as much a part of a statute as what is expressed. Neenan v. Smith,…

1Opinion of the CourtBlack, J.

— 1. The plaintiff having a judgment and' unsatisfied execution issued thereon against the Butchers’ and Drovers’ Bank, made his motion under section 736,: for execution against Hardy on account of an unpaid balance of sixty shares of stock held by the latter. Execution was awarded, and this order was affirmed by the-court of appeals. Pending the appeal in this court, Hardy died. The administrator of Hardy’s estate resists-the revivor, and this presents the first question for decision.

Express statute law is that execution shall not issue upon a judgment or decree rendered against the…

2Cases cited6 opinions

  1. Cassidy v. MeachamNew York Court of Chancery · 1831
  2. Dillon v. RashSupreme Court of Missouri · 1858
  3. Renaud v. . O'BrienNew York Court of Appeals · 1866
  4. Williams v. HogeboomNew York Court of Chancery · 1840
  5. Roberts v. KnightSupreme Judicial Court of Maine · 1859

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Guerney v. MooreSupreme Court of Missouri · 1895
  2. White v. HuttonMissouri Court of Appeals · 1951
  3. Davis v. JohnsonSupreme Court of Missouri · 1933
  4. Cummings v. BrownSupreme Court of Missouri · 1904
  5. Huhn v. LangSupreme Court of Missouri · 1894

6 more not listed; retrieve them via the Exa API.

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