State ex rel. Knapp, Stout & Co. v. Finn
Missouri Court of Appeals
Appeal from tlie St. Louis Circuit Court, Amos M, Thayer, Judge, A judgment void as to one is not void as to all. If void as to one, the appellate court may set it aside and enter a new judgment against all against whom it should have been entered. Henry v. Gibson, 55 Mo. 570; Lenox v. Clarice, 52 Mo. 115; Buffum v. Ramsdell, 55 Me. 252; Holton v. Towner, 81 Mo. 360. An execution can be stayed only upon a strict compliance with the statutes. Gawtry v. Adams, 10 Mo.
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Appeal from tlie St. Louis Circuit Court, Amos M, Thayer, Judge, A judgment void as to one is not void as to all. If void as to one, the appellate court may set it aside and enter a new judgment against all against whom it should have been entered. Henry v. Gibson, 55 Mo. 570; Lenox v. Clarice, 52 Mo. 115; Buffum v. Ramsdell, 55 Me. 252; Holton v. Towner, 81 Mo. 360. An execution can be stayed only upon a strict compliance with the statutes. Gawtry v. Adams, 10 Mo. App. 29. A judgment is an entirety, and what is meant by the entirety of a judgment is illustrated by the following decisions :…
1Opinion of the CourtRombauer, J.
The plaintiff having obtained judgment against five defendants, with award of execution against four, the fifth being a,n administrator, all the defendants appealed without giving a supersedeas bond.
*558After this appeal was taken, the plaintiff caused an execution to be issued, according to the award of the judgment in his favor, against all the defendants except the administrator. They moved to quash this execution on the ground that there was an appeal pending in the cause, and that there was a supersedeas existing as to all the defendants, and as to all and every part of said judgment by…
2Cases cited3 opinions
- Lenox v. ClarkeSupreme Court of Missouri · 1873
- Holton v. TownerSupreme Court of Missouri · 1884
- Gawtry v. AdamsMissouri Court of Appeals · 1881
3Cited by2 opinions
- Commerce Bank of Kansas City, N.A. v. RandallMissouri Court of Appeals · 1984
- Prueitt v. Cheltenham Quarry Co.Missouri Court of Appeals · 1888