Legal Opinion

Bray's Administrator v. Seligman's Administrator

Supreme Court of Missouri

Decided October 15, 1881PublishedCited by 10 opinions

Appeal from Jasper Circuit Court. — IIon. Joseph Cravens, Judge. Bray filed a motion in the Jasper circuit court, at the September term, 1875, asking for the issuance of an execution in his favor for the sum of $2,000 and interest thereon against Seligman, alleging as the grounds of his motion : The recovery by him 'in said court at the November term of a judgment for said sum against the Memphis, Carthage & Northwestern Railroad Company, the issuance of an execution on said…

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Appeal from Jasper Circuit Court. — IIon. Joseph Cravens, Judge. Bray filed a motion in the Jasper circuit court, at the September term, 1875, asking for the issuance of an execution in his favor for the sum of $2,000 and interest thereon against Seligman, alleging as the grounds of his motion : The recovery by him 'in said court at the November term of a judgment for said sum against the Memphis, Carthage & Northwestern Railroad Company, the issuance of an execution on said judgment returnable to the March term, 1875, of said court, and a return of nulla bona thereon by the sheriff of Jasper…

1Opinion of the Court

I

Sherwood, C. J.

This case, in its essential features, is like Griswold's case, 72 Mo. 110, and Fisher's case, ante, p. 13. This point of difference is, however, presented by this record: Two executions were issued against the corporation, one to Lawrence county, the other to Jasper county, the former returned nulla bona; the latter levied on certain property, consisting chiefly of the road-bed of the corporation — the residue being lots in North Carthage. Defendant filed his answer, wherein he set forth certain grounds and réasons •why recovery should not be had against him, but made no issue…

2Cases cited1 opinion

  1. Griswold v. SeligmanSupreme Court of Missouri · 1880

3Cited by10 opinions

  1. Young v. GlascockSupreme Court of Missouri · 1883
  2. State ex rel. Mayer v. O'NeillSupreme Court of Missouri · 1899
  3. Sumner v. RogersSupreme Court of Missouri · 1886
  4. Henry County v. Citizens BankSupreme Court of Missouri · 1907
  5. Dodder v. MoberlySupreme Court of Oklahoma · 1911

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