Wabash Railroad v. Bowring
Missouri Court of Appeals
•Appeal from Johnson Circuit Court. — Row. W. L. Jarrott, Judge. (1) Neither the animal here sued for, nor the judgment in favor of Bowring for $225, is specifically exempt from execution, and hence such an exemption could not pass from Bowring to W. J. Hollis, by assignment, so as to destroy the existing equitable, as well as common-law and statutory, right of set-off in plaintiff’s favor.
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•Appeal from Johnson Circuit Court. — Row. W. L. Jarrott, Judge. (1) Neither the animal here sued for, nor the judgment in favor of Bowring for $225, is specifically exempt from execution, and hence such an exemption could not pass from Bowring to W. J. Hollis, by assignment, so as to destroy the existing equitable, as well as common-law and statutory, right of set-off in plaintiff’s favor. State v. Jungling, 116 Mo. 162. (2) Exemption of property from execution is a personal privilege, and can only be exercised when the officer calls with the writ, or makes a levy, and then only for the…
1Opinion of the CourtEllison, J.
— This is a proceeding in equity whereby the plaintiff seeks to have its judgment against defendant Bowring-set off against his judgment against plaintiff. The trial court refused plaintiff’s prayer and it duly appealed to this court.
The case has a lengthy history. It has been twice before in this court. Bowring sued the plaintiff railway companj’ in Clay county for negligence in killing a hog owned by him of enormous size, alleged to weigh 1,500 pounds and to be of the value of $1,500. After one or two trials without result, he failed in the trial court and on appeal here the judgment was…
2Cases cited19 opinions
- Ellis v. Pratt CitySupreme Court of Alabama · 1895
- Stotesbury v. KirtlandMissouri Court of Appeals · 1889
- Hombs v. CorbinMissouri Court of Appeals · 1889
- Alt v. Lafayette BankMissouri Court of Appeals · 1880
- Puget Sound Dressed Beef & Packing Co. v. JeffsWashington Supreme Court · 1895
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3Cited by4 opinions
- Aimee Realty Co. v. HallerMissouri Court of Appeals · 1907
- Helstein v. SchmidtMissouri Court of Appeals · 1935
- Pickett v. School DistrictMissouri Court of Appeals · 1916
- Walton v. CatronMissouri Court of Appeals · 1907