Freedman v. Holberg
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. Henry Glay Pepper, Judge. STATEMENT OF THE CASE. In November, 1895, four attachments were run on a stock of merchandise belonging to L. N. and H. C. Holberg, partners, by the firm name of Aurora Grocery Company. The first levy was in the suit of Jacob Ereedman et ah, or Ereedman Brothers, against the said Holbergs.
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Appeal from Lawrence Circuit Court. — Hon. Henry Glay Pepper, Judge. STATEMENT OF THE CASE. In November, 1895, four attachments were run on a stock of merchandise belonging to L. N. and H. C. Holberg, partners, by the firm name of Aurora Grocery Company. The first levy was in the suit of Jacob Ereedman et ah, or Ereedman Brothers, against the said Holbergs. Within a week there were three later levies by other creditors — Headley Grocer Company, Ernest Nathan, and Marionville Eoller Mill Company. The attachments were all sustained and judgments rendered declaring liens on the property. In the…
1Opinion of the CourtGoode, J.
We will first notice the assignment of error on account of excluding evidence to show Nathan’s claim was *345bogus. Unfortunately for the appellants, they are estopped to urge this contention by the recital of the judgment that their attorney stipulated and agreed in open court that the Nathan attachment should be sustained and judgment entered in his favor. The attempt to break the force of this estoppel of record by proving the appellants were no parties to the Nathan suit was abortive. A judgment may be impeached by the judgment roll, hut in this case the roll has no such tendency. The…
2Cases cited12 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Forsyth v. WoodsSupreme Court of the United States · 1871
- Goddard-Peck Grocery Co. v. McCuneSupreme Court of Missouri · 1894
- Hundley v. FarrisSupreme Court of Missouri · 1890
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3Cited by1 opinion
- Monk v. Wabash RailroadMissouri Court of Appeals · 1912