Marks v. Hardy
Supreme Court of Missouri
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
- Cassidy v. MeachamNew York Court of Chancery · 1831
- Dillon v. RashSupreme Court of Missouri · 1858
- Renaud v. . O'BrienNew York Court of Appeals · 1866
- Williams v. HogeboomNew York Court of Chancery · 1840
- Roberts v. KnightSupreme Judicial Court of Maine · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- White v. HuttonMissouri Court of Appeals · 1951
- Davis v. JohnsonSupreme Court of Missouri · 1933
- Cummings v. BrownSupreme Court of Missouri · 1904
- Huhn v. LangSupreme Court of Missouri · 1894
6 more not listed; retrieve them via the Exa API.