McDaniel v. Lee
Supreme Court of Missouri
Appeal- from Christian' Circuit Court. ■ This is a proceeding'by á surety, who claims to have paid the judgment, to enforce contribution from a co-surety, through an execution issued on that judgment in favor of the credit- or. The answer (joint answer of all the defendants) admits that Cummins, one of- the three sureties, is the assignee of the judgment, and that the amount thereof is justly due him.
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Appeal- from Christian' Circuit Court. ■ This is a proceeding'by á surety, who claims to have paid the judgment, to enforce contribution from a co-surety, through an execution issued on that judgment in favor of the credit- or. The answer (joint answer of all the defendants) admits that Cummins, one of- the three sureties, is the assignee of the judgment, and that the amount thereof is justly due him. And it was upon this-ground that lie asked to be made a party defendant, and the order was made. Upon this theory the case proceeded'; and'the • execution-was enjoined as to the amount which…
1Opinion of the CourtLovelace, Judge
This is a petition in the nature of a bill in equity to restrain a judgment at law. The petition states that the plaintiff, C. D. Bray, is a defendant in a cause in this (the Circuit Court of Christian county, Mo.) court, entitled “James H. Lee v. N. H. Tyre, Vincent Cummins, and C. D. Bray,” in which cause a judgment was rendered at the September term, 1862, for $903.68 debt, and $192.66 damages; that an execution issued on said judgment, dated on the 28th of March, 1865, and was delivered to said sheriff, and is now in the hands of said sheriff, to satisfy which the sheriff has levied upon…
2Cited by18 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Guerney v. MooreSupreme Court of Missouri · 1895
- Boland v. RossSupreme Court of Missouri · 1894
- Hagan v. Continental National BankSupreme Court of Missouri · 1904
- Phelps v. ScottSupreme Court of Missouri · 1930
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