Scharff v. McGaugh
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Hon. Robert A. Anthony, Judge. (1) If the defendant is a resident of the county the clerk has no authority to issue an execution, on a transcript judgment from a justice of the peace, but the same must be sued out of the court in which the transcript is filed.
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Appeal from Madison Circuit Court. — Hon. Robert A. Anthony, Judge. (1) If the defendant is a resident of the county the clerk has no authority to issue an execution, on a transcript judgment from a justice of the peace, but the same must be sued out of the court in which the transcript is filed. R. S. 1899', sec. 4019; Rollins v. Mc-Intire, 87 Mo. 509; Freeman’s Void Judicial Sales, sec. 23. (a) On a motion for an execution in the circuit court, the latter court would require the plaintiff in the execution to give notice to the defendant in the execution, and the judgment of the court on the…
1Opinion of the CourtFox, P. J.
This cause is here by appeal from a judgment of the circuit court of Madison county, Missouri, in favor of the plaintiffs. This is an action of ejectment, brought originally in the circuit court of Stoddard county, to recover lots 10, 11 and 12 in block 16 qf the town of Bemie. The venue of said cause was changed to the circuit court of Madison county. The petition is in the usual form and the answer of the defendant was simply a general denial. Both parties to this proceeding claim title to the land in controversy under G. L. Edwards as the common source of title. Plaintiffs claim by virtue…
2Cases cited21 opinions
- Humes v. ScruggsSupreme Court of the United States · 1877
- Snyder v. FreeSupreme Court of Missouri · 1893
- State v. BurgdoerferSupreme Court of Missouri · 1891
- Boatmen's Savings Bank v. OverallMissouri Court of Appeals · 1885
- State ex rel. Wyatt v. Wabash RailroadSupreme Court of Missouri · 1893
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Conrad v. Diehl.Supreme Court of Missouri · 1939
- Harrison v. HarrisonMissouri Court of Appeals · 1960
- Edmonds v. ScharffSupreme Court of Missouri · 1919
- Sanford v. Van PeltSupreme Court of Missouri · 1926
- Jones v. WilliamsSupreme Court of Vermont · 1920
9 more not listed; retrieve them via the Exa API.