Legal Opinion

Pickel v. Pickel

Supreme Court of Missouri

Decided June 17, 1913PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. ~ Daniel D. Fisher, Judge. (1) The decree of July 24, 1911, was self-executing. A self-executing decree is not superseded by an appeal bond. Mann v. Doerr, 222 Mo. 18; Commission Co. v. Spencer, 236 Mo. 628; Jayne v. Drorbaugh, 63 Iowa, 715; Allen v. Church, 101 Iowa, 123; Elliott’s App. Proe., secs. 392, 393; Pinkelnburg’s. Mo. App.

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Appeal from St. Louis City Circuit Court. — Hon. ~ Daniel D. Fisher, Judge. (1) The decree of July 24, 1911, was self-executing. A self-executing decree is not superseded by an appeal bond. Mann v. Doerr, 222 Mo. 18; Commission Co. v. Spencer, 236 Mo. 628; Jayne v. Drorbaugh, 63 Iowa, 715; Allen v. Church, 101 Iowa, 123; Elliott’s App. Proe., secs. 392, 393; Pinkelnburg’s. Mo. App. Pr., 76-77; State ex rel. v. Dillon, 96 Mo. 61. Especially is this true where the self-executing portion of the decree is merely a matter of grace or favor extended for a limited length of time. In such a case, the…

1Opinion of the Court

BLAIR, C.

By its judgment of March 15,1911, in a suit for maintenance, the 'circuit court of the city' of St. Louis allowed plaintiff certain sums for attorney’s fees and suit money and ordered her husband, •defendant Frederick J. Pickel, to pay to her the sum of $100 on the first of each month thereafter for the support of herself and child. Thereupon plaintiff began a suit against her husband, Frederick J.' Pickel, and his father, William Pickel* to set aside, on the *200ground of fraud, the transfer of certain corporate-stocks from the former to the latter. On the 24th day of July, 1911, in…

2Cases cited7 opinions

  1. Horton v. State ex rel. HaydenNebraska Supreme Court · 1901
  2. Lipscomb v. TalbottSupreme Court of Missouri · 1912
  3. Fenton v. Farmers & Merchants National BankCourt of Appeals of Texas · 1901
  4. Gadsden v. ThrushNebraska Supreme Court · 1904
  5. Trowbridge v. SicklerWisconsin Supreme Court · 1880

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3Cited by7 opinions

  1. Wiggins v. PerrySupreme Court of Missouri · 1938
  2. State Ex Rel. McGrew Coal Co. v. RaglandSupreme Court of Missouri · 1936
  3. Pickel v. PickelSupreme Court of Missouri · 1921
  4. Casner v. San Diego Trust & Savings BankCalifornia Court of Appeal · 1939
  5. Williams v. BlumerMissouri Court of Appeals · 1988

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