State ex rel. Carter v. Clymer
Supreme Court of Missouri
Appeal from Henry Circuit Court.—IIon. J. B. Gantt, J udge. The appellee, Illeaver Clymer, being a stranger to the proceedings in the suit, was not entitled to appear and file his motion to quash the execution. The law authorizing a party to file a motion to quash an execution in open court, does not apply to a stranger to the record. Mske v. Lamoroux, 48 Mo. 523. The court erred in admitting the testimony of Hallam and Collins.
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Appeal from Henry Circuit Court.—IIon. J. B. Gantt, J udge. The appellee, Illeaver Clymer, being a stranger to the proceedings in the suit, was not entitled to appear and file his motion to quash the execution. The law authorizing a party to file a motion to quash an execution in open court, does not apply to a stranger to the record. Mske v. Lamoroux, 48 Mo. 523. The court erred in admitting the testimony of Hallam and Collins. Their testimony was irrelevant, as not tending to prove ownership in the land in the appellee, the deed being the best and proper evidence of title. The court erred…
1Opinion of the Court
Philips, C.
The appellant, as collector of Henry county, obtained judgment on order of publication against D. K. Clymer, as a non-resident, to enforce the collection of taxes, alleged to have been assessed on lands of D. K. *124Clymer. Proof of publication was made, and judgment therein rendered as prayed, enforcing the lien on said land for taxes. Execution was duly issued thereon; the land advertised for sale; and, on the return day of the writ, and the day fixed for such sale, one Kleaver Clymer appeared in court and filed a motion in said cause, setting out, in substance, that he was the true…
2Cases cited1 opinion
- Fiske, Knight & Co. v. LamoreauxSupreme Court of Missouri · 1871
3Cited by10 opinions
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- F. G. Oxley Stave Co. v. Butler CountySupreme Court of Missouri · 1894
- State Ex Rel. Kelly v. TrimbleSupreme Court of Missouri · 1923
- Costello v. GoodwinMissouri Court of Appeals · 1948
- Gay v. OrcuttSupreme Court of Missouri · 1902
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