Stern v. Mayer
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, W. II. Horner, Judge. - A judgment creditor may proceed by motion to set aside judgments confessed. And it is immaterial whether his judgment be subsequent to or contemporaneous with those attacked. McHenry v. Shepherd, 2 Mo. App. 378; Bryan v. Miller, 28 Mo. 32. The attack must be direct, and not collateral.
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Appeal from the St. Louis Circuit Court, W. II. Horner, Judge. - A judgment creditor may proceed by motion to set aside judgments confessed. And it is immaterial whether his judgment be subsequent to or contemporaneous with those attacked. McHenry v. Shepherd, 2 Mo. App. 378; Bryan v. Miller, 28 Mo. 32. The attack must be direct, and not collateral. How v. JDorscheimer, 31 Mo. 350. The statement upon which the judgment was confessed does not state concisely or in any manner the facts out of which the indebtedness arose, and does not show that the sum confessed is justly due, as required by…
1Opinion of the CourtLewis, P. J.
On March 4, 1885, the defendant, J. I. Mayer, confessed seven judgments in the St. Louis circuit court, among which were one for $1,500, in favor of the plaintiff, Levi Stern, one for $10,310 in favor of the intervening petitioners, Lichtenstein Bros. & Co., and one for $2,200 in favor of the intervening petitioner, S. M. Lederer. Executions were issued on these judgments and levied on all the available property of Mayer. On March 14, the present application was filed by the intervening petitioners, to set aside the judgment in favor of the plaintiff, and to recall and vacate the execution…
2Cases cited2 opinions
- Bryan v. MillerSupreme Court of Missouri · 1859
- McHenry v. ShephardMissouri Court of Appeals · 1876
3Cited by1 opinion
- Hard v. FosterSupreme Court of Missouri · 1889