Sheeilan & Loler Transportation Co. v. Sims
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, James A. Seddon, Judge. A judgment is not a contract within the meaning of the statute which makes all contracts several. Rea v. Hv/rlbert, 17 111. 572 ; Wyman v. Mitchell, 1 Cow. 321; Todd v. Crumb, 5 McLean, 172; Smith v. Harrison, 33 Ala. 706 ; Burnes v. Simpson, 9 Kan. 658. And all the judgment defendants must be made parties. Simpson v. Watson, 15 Mo.
Read the full summary
Appeal from the St. Louis Circuit Court, James A. Seddon, Judge. A judgment is not a contract within the meaning of the statute which makes all contracts several. Rea v. Hv/rlbert, 17 111. 572 ; Wyman v. Mitchell, 1 Cow. 321; Todd v. Crumb, 5 McLean, 172; Smith v. Harrison, 33 Ala. 706 ; Burnes v. Simpson, 9 Kan. 658. And all the judgment defendants must be made parties. Simpson v. Watson, 15 Mo. App. 425; Pratt v. Bow, 56 Me. '81; Qhristey v. Tancred, 9 Mees. & W. 438. A judgment is a record contract. Evans v. Eisher, 26 Mo. App. 544; 2 Black. Com. 464-5 ; 2 Chitty PL 176 ; 1 Chitty Cont.…
1Opinion of the CourtRombauer, J.
The plaintiff’s petition was filed December 15, 1886, and states the cause of action as follows :
“ That, on the eighteenth day of March, 1881, at the city of St. Louis, and state of Missouri, in the circuit court of said city of St. Louis, said court being a court of general jurisdiction, the plaintiff recovered a judgment which was duly given by such court against the defendant and one Thomas Rogers, for the sum of eighteen hundred and eight dollars and thirty-one cents, and also its costs amounting to the sum of $69.40; that no part of said judgment or costs have been paid, but the whole…
2Cases cited15 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Rae v. HulbertIllinois Supreme Court · 1856
- Burnes v. SimpsonSupreme Court of Kansas · 1872
- Crispen v. HannovanSupreme Court of Missouri · 1885
- Lenox v. ClarkeSupreme Court of Missouri · 1873
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Davis v. FoleySupreme Court of Oklahoma · 1916
- First National Bank v. HahnMissouri Court of Appeals · 1917
- McElroy v. FordMissouri Court of Appeals · 1899
- Sheehan & Loler Transportation Co. v. SimsMissouri Court of Appeals · 1889
- Laummeier v. SteelMissouri Court of Appeals · 1898