Parker v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from. Fourth District Court. I. This is in the nature of an equitable proceeding praying summary relief, and this court will review both the facts and the law. H. The filing and approval of the recognizance for an appeal to the Supreme Court, and granting the same, operated as a supersedeas of said execution. (R. C. 1855, ch. 128, § 12, p. 1287.) III. There was a gross inadequacy of price in this case.
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Appeal from. Fourth District Court. I. This is in the nature of an equitable proceeding praying summary relief, and this court will review both the facts and the law. H. The filing and approval of the recognizance for an appeal to the Supreme Court, and granting the same, operated as a supersedeas of said execution. (R. C. 1855, ch. 128, § 12, p. 1287.) III. There was a gross inadequacy of price in this case. This being true, “ courts will require that there be a strict regularity in the proceedings.” (Nelson v. Brown, 23 Mo. 21; 6 Wend. 524.), It is the policy of the law that sheriffs sales…
1Opinion of the CourtWagner, Judge
The defendant filed its motion to quash an execution in the Macon County Circuit Court, at the return term thereof, on the morning of the day on which property was to be sold to satisfy the same. By consent of counsel the motion was at once taken up, and overruled by the court. To the ruling of the court the defendant at the time excepted, prayed for an appeal, filed its affidavit and recognizance, and the appeal was perfected.
It seems that there was an attempt made between the respective attorneys who represented the narties to arrange and compromise *418tbo debt which the property was levied…
2Cases cited2 opinions
- Bruce v. VogelSupreme Court of Missouri · 1866
- Parker v. WaughSupreme Court of Missouri · 1864
3Cited by24 opinions
- State Ex Rel. McKittrick v. American Colony InsuranceSupreme Court of Missouri · 1935
- State ex rel. St. Louis & Kirkwood Railroad v. HirzelSupreme Court of Missouri · 1897
- Gale v. MichieSupreme Court of Missouri · 1871
- Beedle v. MeadSupreme Court of Missouri · 1883
- Howard v. StrodeMissouri Court of Appeals · 1907
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