Catron v. Lafayette County
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. James Gibson, Judge. (1) Having a judgment against Lafayette county, plaintiff had the right to execution thereon. R. S. 1889, sec. 4895. Sections • 4904, 4905, Revised Statutes, 1889, provide that certain property belonging to a county shall be exempt from execution.
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Appeal from Jaclcson Circuit Court. — Hon. James Gibson, Judge. (1) Having a judgment against Lafayette county, plaintiff had the right to execution thereon. R. S. 1889, sec. 4895. Sections • 4904, 4905, Revised Statutes, 1889, provide that certain property belonging to a county shall be exempt from execution. What sense would there be in such a statute provision if no execution at all could be issued against a county1? Whatever the law may be elsewhere, in this state the right to execution in one having a judgment against a county is a statutory right. Judgments at common law bore interest,…
1Opinion of the CourtBrace, J.
This is an appeal from a judgment of the circuit court of Lafayette county quashing a writ of execution issued on a judgment in favor of the appellant against the respondent, rendered in said court on the twenty-ninth day of October, 1887, for the sum of $8,811.36, on which the respondent on the twenty-first day of November, paid the sum of $12,392.19, being the amount of the face of the judgment with ten per cent, simple interest thereon from the date thereof. The rate of interest which the judgment should bear was not stated in the judgment.
I. The bonds upon which the judgment was…
2Cases cited4 opinions
- Crook v. TullSupreme Court of Missouri · 1892
- Raun v. ReynoldsCalifornia Supreme Court · 1858
- Evans v. FisherMissouri Court of Appeals · 1887
- State ex rel. Walsh v. VogelMissouri Court of Appeals · 1883
3Cited by4 opinions
- Security State Bank v. County of DentSupreme Court of Missouri · 1940
- Hoelzel v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1937
- Moore v. StemmonsMissouri Court of Appeals · 1902
- State ex rel. Harrison v. BabbMissouri Court of Appeals · 1898