Carpenter v. King
Supreme Court of Missouri
Appeal from Livingston Circuit Court. This case came by appeal through the Fifth District Court. I. It is not necessary that a sheriff’s deed should recite the issuing by the justice of an execution, and its return “no property found.” (Coons v. Munday, 8 Mo. 374; Murray v. Saxton, 15 Mo. 623; 13 U. S. Dig. 318, §§ 31, 32.) H. The judgment in which the Circuit Court execution issued was not dormant at the time of the issue.
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Appeal from Livingston Circuit Court. This case came by appeal through the Fifth District Court. I. It is not necessary that a sheriff’s deed should recite the issuing by the justice of an execution, and its return “no property found.” (Coons v. Munday, 8 Mo. 374; Murray v. Saxton, 15 Mo. 623; 13 U. S. Dig. 318, §§ 31, 32.) H. The judgment in which the Circuit Court execution issued was not dormant at the time of the issue. When a transcript of a justice’s judgment is filed in the clerk’s office of the Circuit Court, it is to be carried into effect in the same manner as judgments of Circuit…
1Opinion of the CourtWagner, Judge
The material question in the present case regards the proper construction to be placed upon the statutes in respect to transcripts issued from the judgments of justices of the peace, and filed in the office of the clerk of the Circuit Court.
The action was ejectment, brought in the Livingston Circuit Gourt, and the defendant relied for defense on a purchase of the *222premises made at sheriff’s sale. The court, at the instance o£ the plaintiff, excluded the sheriff’s deed, together with the execution issued from the clerk’s office, and also the judgment and proceedings had before the justice of…
2Cited by11 opinions
- Perkins v. QuigleySupreme Court of Missouri · 1876
- Samuels v. SheltonSupreme Court of Missouri · 1871
- Corby v. TracySupreme Court of Missouri · 1876
- Carter v. Louisiana Purchase Exposition Co.Missouri Court of Appeals · 1907
- Karnes v. AlexanderSupreme Court of Missouri · 1887
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