Legal Opinion

Kansas City v. Field

Supreme Court of Missouri

Decided March 30, 1917PublishedCited by 12 opinions

Appeal from Jackson Circuit Court. — Hon. Joseph A. Guthrie, Judge. (1) The execution was unauthorized and void because not issued within ten years from June 19, 1900, the date of the original rendition of the judgment. E. S. 1909, sec. 2133; George v. Midaugh, 62 Mo. 549; Goddard to use v. Delaney, 181 Mo. 571; E. S. 1909, sec. 1912; Martin v. St. Louis, 139 Mo. 260; Eysell v. St. Louis, 168 Mo. 607; St. Louis v.' Eealty Co., 175 Mo. 63; Dreyer v. Diekman, 131 Mo.

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Appeal from Jackson Circuit Court. — Hon. Joseph A. Guthrie, Judge. (1) The execution was unauthorized and void because not issued within ten years from June 19, 1900, the date of the original rendition of the judgment. E. S. 1909, sec. 2133; George v. Midaugh, 62 Mo. 549; Goddard to use v. Delaney, 181 Mo. 571; E. S. 1909, sec. 1912; Martin v. St. Louis, 139 Mo. 260; Eysell v. St. Louis, 168 Mo. 607; St. Louis v.' Eealty Co., 175 Mo. 63; Dreyer v. Diekman, 131 Mo. App. 660; Dorland v. Smith, 93 Cal. 120; New York v. Colgate, 12 N. Y. 140. (2) The judgment or order for the recovery of the…

1Opinion of the CourtFaris, J.

— This is an appeal from the circuit court of Jackson County, wherein upon motion to that end, the court refused to quash an execution which had been levied upon the land of movant, who is appellant here.

On the 19th day of June, 1900, as the result of a certain proceeding to condemn lands for a park to be known as West Terrace Park, and to assess benefits to produce a fund to recoup the city for its outlay in payment for the condemned lands, judgment was rendered, among others against the lands of movant. Movant did not appeal from the latter judgment, but one Catherine Mulkey appealed on her…

2Cases cited15 opinions

  1. Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
  2. St. Louis v. DorrSupreme Court of Missouri · 1898
  3. George v. MiddoughSupreme Court of Missouri · 1876
  4. Kansas City v. BaconSupreme Court of Missouri · 1898
  5. Kansas City v. WardSupreme Court of Missouri · 1896

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3Cited by12 opinions

  1. Kansas City v. FieldSupreme Court of Missouri · 1920
  2. Schwab v. City of St. LouisSupreme Court of Missouri · 1925
  3. Wormington v. City of MonettSupreme Court of Missouri · 1949
  4. State Ex Rel. Burke v. CervantesSupreme Court of Missouri · 1968
  5. In Re East Bottoms Drainage Levee DistrictSupreme Court of Missouri · 1924

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