Wyatt v. Fromme
Missouri Court of Appeals
Error to the Cole Circuit Court. — Hon. D. W. Shacjkleeobd, Judge. (1) The assignment to Edwards was good in equity without being attached to, or entered on, the margin of the record. Ereeman on Judgments [4 Ed.], sec. 425, and cases cited; Weir v. Davenport, 11 Iowa, 52; Schubertv. Hersberg, 65 Mo. App. 578; Banhv. Kemble, 61 Mo. App. 215; Harper v. Rosenberger, 56 Mo.
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Error to the Cole Circuit Court. — Hon. D. W. Shacjkleeobd, Judge. (1) The assignment to Edwards was good in equity without being attached to, or entered on, the margin of the record. Ereeman on Judgments [4 Ed.], sec. 425, and cases cited; Weir v. Davenport, 11 Iowa, 52; Schubertv. Hersberg, 65 Mo. App. 578; Banhv. Kemble, 61 Mo. App. 215; Harper v. Rosenberger, 56 Mo. App. 388; Kmory v. Joice, 70 Mo. 537. (2) Edwards was not a defendant in the judgment nor connected with it in any way, and it was perfectly legal 'and competent for him to take an assignment of the judgment. Hull v. Sherwood,…
1Opinion of the CourtGill, J.
In December, 1883, Wyatt obtained a judgment against Fromme, Elston, and Hamilton, the two last named parties with one Robinson (who was not served with process) being securities for Fromme on the- note sued upon. In November, 1893, an execution was issued on this judgment, the same beiDg ordered out by J. R. Edwards, who claimed to be the assignee of the judgment. Thereupon defendant Fromme filed his motion to quash the execution on the alleged ground that the judgment had been paid and satisfied prior to assignment. At the trial of this motion the circuit court sustained the same, and…
Also in this document: Concurrence.
2Cases cited1 opinion
- St. Francis Mill Co. v. SuggSupreme Court of Missouri · 1884
3Cited by2 opinions
- Pflanz v. PflanzMissouri Court of Appeals · 1944
- State Ex Rel. Lane v. MontgomeryMissouri Court of Appeals · 1929