Hubbel v. City of Maryville
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. Gallatin Oraig, Judge. (1) The motion to quash alternative writ is the proper pleading to material defects in form or matter. It is admitted that the alternative writ is the first pleading and that it is “sufficient to show the execution, the return thereon and thén call for the alternative writ of mandamus. The statute evidently contemplates a summary proceeding in aid of the unsatisfied execution.”
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Appeal from the Nodaway Circuit Court. — Hon. Gallatin Oraig, Judge. (1) The motion to quash alternative writ is the proper pleading to material defects in form or matter. It is admitted that the alternative writ is the first pleading and that it is “sufficient to show the execution, the return thereon and thén call for the alternative writ of mandamus. The statute evidently contemplates a summary proceeding in aid of the unsatisfied execution.” State ex rel. v. Slavens, 75 Mo. 508; State ex rel. Boulton v. Norvell, 80 Mo. App. 180. (2) But this remedy does not do away with requirement that…
1Opinion of the CourtEllison, J.
— Emma and George Hubbel obtained judgment in the circuit court of Nodaway county against the city of Maryville for $560, which they duly assigned to the Nodaway Valley Bank. Execution was issued on the judgment and returned by the sheriff nulla tona. Thereupon the bank, under section 4977, Revised Statutes 1889, applied to the circuit court for a mandamus to compel the city to proNde by a levy óf taxes for the payment of the judgment. The court issued an alternative writ, which was duly served on the proper authorities. The city then filed a motion to quash on account of the insufficiency of…
2Cases cited4 opinions
- Hambleton v. Town of DexterSupreme Court of Missouri · 1886
- State ex rel. Cassidy v. SlavensSupreme Court of Missouri · 1882
- City of Savannah v. DickeyMissouri Court of Appeals · 1889
- State ex rel. Boulton v. NorvellMissouri Court of Appeals · 1899
3Cited by3 opinions
- Heather v. City of PalmyraSupreme Court of Missouri · 1925
- Hartman v. City of BrunswickMissouri Court of Appeals · 1903
- State ex rel. Thompson v. RobertsMissouri Court of Appeals · 1954