Thomas v. Liebke
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. Allowances iu the probate court are evidences of judgments rendered by a court of record, in the hands of parties in whose favor they were rendered. Such judgments are made assignable by statute, and the legal title thereto passes to the assignee.
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Appeal from the St. Louis Circuit Court, Horner, J. Allowances iu the probate court are evidences of judgments rendered by a court of record, in the hands of parties in whose favor they were rendered. Such judgments are made assignable by statute, and the legal title thereto passes to the assignee. At common law, such assignments were not recognized. — Barden v. Savage, 1 Mo. 560. Such allowances are judgments.,— Rev. Stats. 1865, chap. 123, sect. 9. Au assignment of a judgment may be made if the assignment be filed with the papers in the cause, although not attached to the judgment roll.—…
1Opinion of the CourtBakewell, J.
This is a bill in equity, the object of which is to obtain the proceeds of two allowed demands in favor of defendants Liebke and Schrage, and against the Sectional Dock Company, of which defendant Garesché is administrator. The Dock Company was a co-partnership dissolved by the death of a co-partner, and Garesché administered upon the partnership assets. Garesché was permitted to pay the money into court. Defendant Mary Litzig, who claims the fund, was the only appellant. The trial court decreed that there be paid to plaintiff out of the fund in court $2,129.30.
It appears from the evidence…
2Cases cited1 opinion
- Tutt v. CouzinsSupreme Court of Missouri · 1872
3Cited by2 opinions
- Johnson v. JonesMissouri Court of Appeals · 1891
- Monticello Savings Bank v. StuartMissouri Court of Appeals · 1898