Wernecke v. Wood
Supreme Court of Missouri
Appeal f rom Madison Circuit Court. 1. The objections to the judgment set forth in the motion to quash the execution, could have been corrected by appeal or writ of error, and the defendants having failed to avail themselves of this remedy, have none remaining. (Bracket vs. Bracket, 53 Mo.-, 265 ; Marsh vs. Bast, 41 Mo-, 493 ; Collins vs. Bannister, 48 Mo., 435 ; Finney vs. State, 9 Mo., 632.) II. The administration of Kennon’s estate was completed.
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Appeal f rom Madison Circuit Court. 1. The objections to the judgment set forth in the motion to quash the execution, could have been corrected by appeal or writ of error, and the defendants having failed to avail themselves of this remedy, have none remaining. (Bracket vs. Bracket, 53 Mo.-, 265 ; Marsh vs. Bast, 41 Mo-, 493 ; Collins vs. Bannister, 48 Mo., 435 ; Finney vs. State, 9 Mo., 632.) II. The administration of Kennon’s estate was completed. The debt recovered against the plaintiffs, as Wood’s sureties, was the only liability of the estate remaining unpaid. There was therefore no…
1Opinion of the CourtNapton, Judge
The questions presented by this record arose out of a motion to quash an execution, on a judgment or decree, in the same court in which the decree was rendered.
This decree was rendered on a failure to answer the petition, and as the decree finds all the facts to be true, 'as stated in the petition, it is useless to recite the petition. Both the petition and decree contain statements' that have no bearing on the case; but the substance of the finding of the court, and of the judgment thereon, may be condensed into the following statement, which seems to be that upon which the counsel on both…
2Cases cited1 opinion
- Brackett v. BrackettSupreme Court of Missouri · 1873
3Cited by12 opinions
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Brown v. WoodySupreme Court of Missouri · 1877
- Gunby v. BrownSupreme Court of Missouri · 1885
- Hinkle v. KerrSupreme Court of Missouri · 1899
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