Smith v. Kander
Missouri Court of Appeals
Error to the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The defendant was notified as required under the laws of Wisconsin, and there is no pretension that he did not have actual notice. Wis. Statutes, •ch. 127, sec. 2818 to 2826, inclusive. The court in Wisconsin was fully authorized, on motion, to set the satisfaction aside where the judgment was not in fact paid.
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Error to the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The defendant was notified as required under the laws of Wisconsin, and there is no pretension that he did not have actual notice. Wis. Statutes, •ch. 127, sec. 2818 to 2826, inclusive. The court in Wisconsin was fully authorized, on motion, to set the satisfaction aside where the judgment was not in fact paid. Reid v. Hibbard, 6 Wis. 175; Cohen v. Camp, 46 Mo. 179; Wilson v. Stillwell, 14 Ohio St. 464; Laughlin v. Fairbanks, 8 Mo. 367; Pier v. Millerd, 63 Wis. 33; Bogle v. Bloom, 36 Kan. 512; Stewart v. Peay, 21 Ark. 117;…
1Opinion of the CourtEllison, J.
— This action is based on a judgment rendered against defendant in the state of Wisconsin and after-wards assigned to plaintiff. At the close of the evidence in behalf of plaintiff a demurrer thereto was interposed and sustained and the plaintiff thereupon took a nonsuit, which, the court refusing to set aside, plaintiff brought the case here. The case was heretofore in this court: 58 Mo. App. 61.
The evidence disclosed that plaintiff’s assignor obtained a judgment against defendant in 1881 in the state of Wisconsin for $422.31; that court, at that time, obtained jurisdiction over the person…
2Cases cited6 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- Alexander v. Grand Avenue Railway Co.Missouri Court of Appeals · 1893
- Roberts v. St. Louis Merchants' Land Improvement Co.Supreme Court of Missouri · 1895
- Kratz v. PrestonMissouri Court of Appeals · 1893
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3Cited by2 opinions
- Konta v. St. Louis Stock ExchangeMissouri Court of Appeals · 1910
- Curfman v. Fidelity & Deposit Co.Missouri Court of Appeals · 1912