Emerson v. Knapp
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The petition sufficiently sets out the facts. The demurrer raises thp question as to whether defendant is legally liable as assignor of an invalid judgment— one that was afterward reversed, because no right of action existed.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The petition sufficiently sets out the facts. The demurrer raises thp question as to whether defendant is legally liable as assignor of an invalid judgment— one that was afterward reversed, because no right of action existed. When two such able and modern authors as Freeman and Black, in their works on judgments, after a thorough review of modern adjudications, say the assignor is liable, it would not seem necessary here to enter into any de novo investigation. See Freeman on Judg., see. 426a; Black on Judg., secs.…
1Opinion of the Court
Bond, J. —
*95Statement. *94Thomas P. Bashaw sued the United States for money alleged to be due him as district attorney, and recovered a judgment in the circuit court of the United States for $1,070, which was affirmed in the United States circuit court of appeals in June, 1892. The defendant was the attorney for Bashaw in said litigation and took to himself an assignment of the judgment when it was first rendered. After the *95decision of the United States circuit court of appeals, defendant represented that he was the legal owner of said judgment, but that the surplus of its proceeds over $600 would…
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