Bick v. Paris
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. The entry, while true, was also sufficient to show that an execution had issued and been returned by the constable molla bona. Appellant is aware of the strict and rigid construction given the statute in question by our courts. The certificate of the justice is that the return was, “No property found.”. This is synonymous with a return of nulla bona, and if so, then it is sufficient.
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Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. The entry, while true, was also sufficient to show that an execution had issued and been returned by the constable molla bona. Appellant is aware of the strict and rigid construction given the statute in question by our courts. The certificate of the justice is that the return was, “No property found.”. This is synonymous with a return of nulla bona, and if so, then it is sufficient. Langford v. Pew, 146 Mo. 142; Reed v. Lowe, 163 Mo. 519.
1Opinion of the CourtBland, P. J.
This is an appeal from an order and judgment of the circuit court of Monroe county, recalling an execution issued out of the office of the clerk of that court, under a transcript judgment on a judgment of a justice of the peace of that county, in' favor of appellant here and against respondent for $153.65, and quashing the levy of said execution upon certain real estate of respondent.
The motion to.quash the execution and levy was upon one ground only, to-wit: ‘Because before the said execution was issued from the office of the clerk of this court, no execution had been issued by the justice…
2Cases cited1 opinion
- Littlefield v. RamseySupreme Court of Missouri · 1904