Crouch v. Holterman
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court — Hon. W. B. Homer, Judge. (1) A motion to quash an execution, which does not specify any infirmity in the judgment, nor in the pro-, ceedings leading up to it, as want of jurisdiction, fraud in its ohtention, nor any defect, irregularity, or insufficiency in the execution, and filed by one who was duly served with process, cannot be sustained. State to use of Bond v. Berry, 9 Mo. App. 42; Buzzard v. Robertson, 107 Mo.
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Appeal from St. Louis City Circuit Court — Hon. W. B. Homer, Judge. (1) A motion to quash an execution, which does not specify any infirmity in the judgment, nor in the pro-, ceedings leading up to it, as want of jurisdiction, fraud in its ohtention, nor any defect, irregularity, or insufficiency in the execution, and filed by one who was duly served with process, cannot be sustained. State to use of Bond v. Berry, 9 Mo. App. 42; Buzzard v. Robertson, 107 Mo. App. 557; Cope v. Snider, 99 Mo. App. 496. (2) Errors or irregularities preceding the rendition of a judgment will not justify the…
1Opinion of the CourtBond, P. J.
I. In 1900 Frederick W. Holterman. the defendant herein, executed á promissory note to H. J. Holdenreid, upon which the latter afterwards obtained judgment before a justice of the peace. In 1903 said judgment was revived in the sum of $107.37 and a transcript filed in the circuit court. Under an execution ordered and issued thereon a levy was made on certain real estate in City Block 5583 by the sheriff of the city of St. Louis, and the property was sold under said levy to J. C. W. Crouch for $62.70. Thereafter Crouch instituted this action in ejectment against defendant Holterman for…
2Cases cited4 opinions
- Farra v. QuiglySupreme Court of Missouri · 1874
- Barton v. WalkerSupreme Court of Missouri · 1901
- State ex rel. Bond v. BerryMissouri Court of Appeals · 1880
- Buzzard v. RobertsonMissouri Court of Appeals · 1904
3Cited by2 opinions
- Citizens' State Bank of Lindale v. JeffriesCourt of Appeals of Texas · 1927
- Citizens' State Bank of Lindale v. JeffriesCourt of Appeals of Texas · 1927