Tiede v. Fuhr
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) In 1 Freeman on Executions, sec. 73a, under “Classification of Grounds for Vacating an Execution,” it states as one ground: “When no writ could properly issue at the time of the issuance of the writ in question . . .” “Writs issued on valid judgments hut at a time when the right to execution had not accrued . . .” (2) The judgment is not final for the purpose of collecting the costs under execution…
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Appeal from Greene County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) In 1 Freeman on Executions, sec. 73a, under “Classification of Grounds for Vacating an Execution,” it states as one ground: “When no writ could properly issue at the time of the issuance of the writ in question . . .” “Writs issued on valid judgments hut at a time when the right to execution had not accrued . . .” (2) The judgment is not final for the purpose of collecting the costs under execution until after the motion for new trial is overruled. Danielson v. Northwestern Fuel Co., '55 Fed. 49. (3) The overruling of a…
1Opinion of the CourtBradley, J.
— This is an appeal from an order overruling a motion to quash on execution for costs. It appears that in 1910 plaintiff commenced an action against defendants, a part of the history of which may be found in Tiede v. Fuhr et al., 264 Mo. 622, 175 S. W. 910. When the suit was filed E. L. Kraft aud B. S. Hill executed a cost bond obligating themselves to pay all costs that might accrue in said cause. At the January term, 1918, defendants filed motion to require plaintiff to give new bond for costs. This motion was sustained, and at same term plaintiff filed a bond signéd by Aug. Kloss and…
2Cases cited8 opinions
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Beedle v. MeadSupreme Court of Missouri · 1883
- State v. EatonSupreme Court of Missouri · 1905
- Tiede v. FuhrSupreme Court of Missouri · 1915
- Farris v. SmithpeterMissouri Court of Appeals · 1914
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