Huffman v. Sisk
Missouri Court of Appeals
Appeal from the Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The judgments in the attachment eases were irregular, not void. Rosenheim v. Hartsoch, 90 Mo. 357; Karnes v. Alexander, 92 Mo. 660; Burnett v. Mc-Cluey, 92 Mo. 230; Leonard v. Sparks, 117 Mo. 103; Collms v. Kamman, 55 Mo.
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Appeal from the Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The judgments in the attachment eases were irregular, not void. Rosenheim v. Hartsoch, 90 Mo. 357; Karnes v. Alexander, 92 Mo. 660; Burnett v. Mc-Cluey, 92 Mo. 230; Leonard v. Sparks, 117 Mo. 103; Collms v. Kamman, 55 Mo. App. 464. The case at bar is a collateral proceeding, so far as the prior attachment suits now under review are concerned, so that, even if the judgments in the attachment cases are irregular, they can not be impeached collaterally on account of such defects. Childs v. Shannon, 16 Mo. 331; Bernecker v.…
1Opinion of the Court
Rombaueb,, P. J.
The action is replevin. The defendant is a constable, and holds the property claimed under two executions issued against plaintiffs’ vendors. It is conceded, on the one hand, that the plaintiffs bought the property from the debtors in the execution after such executions were delivered to the constable, and it is conceded, on the other hand, that the plaintiffs’ title is good, unless they took the property subject to the lien of the two executions. The cause was tried by the court without a jury on an agreed statement of facts, the trial resulting in a judgment for plaintiffs.…
2Cases cited3 opinions
- Norvell v. PorterSupreme Court of Missouri · 1876
- Brown v. WoodySupreme Court of Missouri · 1877
- Loth v. FaconesowichMissouri Court of Appeals · 1886
3Cited by3 opinions
- Kansas & Texas Coal Co. v. AdamsMissouri Court of Appeals · 1903
- Milliken v. Armour & Co.Missouri Court of Appeals · 1937
- Hall v. BramellMissouri Court of Appeals · 1901