Ritchie v. Carter
Missouri Court of Appeals
Appeal from Audrain.1Circuit Court. — Hon. Elliot M. Hughes, / Judge. (1) The plaintiffs having paid the judgment, afterward reversed, are entitled to restitution. Ereeman on Judgments (3 Ed.), secs. 481, 482; Black on Judgments, sec. 955; Mc-Jilton v. Love, 13 111. 486; 54 Am.
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Appeal from Audrain.1Circuit Court. — Hon. Elliot M. Hughes, / Judge. (1) The plaintiffs having paid the judgment, afterward reversed, are entitled to restitution. Ereeman on Judgments (3 Ed.), secs. 481, 482; Black on Judgments, sec. 955; Mc-Jilton v. Love, 13 111. 486; 54 Am. Dec. 449, note 454; Gott v. Powell, 41 Mo. 417; Voorhees v. Bank, 10 Pet. 447. (2) The rule of restitution applies not only to the parties to the action, but to their agents and attorneys, who have anything in their hands resulting from the enforcement of the judgment. Galpin v. Page, 18 Wall. 350; Gott v. Powell, 41…
1Opinion of the CourtBland, P. J.
In 1895, D. A. Mayer & Brother recovered a judgment in the Sturgeon Court of Common Pleas against George W. Batterton for $923.74, on a store account of items furnished his family. An execution was issued on this judgment, against Batterton and his wife Lizzie, and delivered to Thomas G. Sims, Marshal of the Sturgeon Court of Common Pleas, who levied the same upon the lands of Lizzie Batterton. To prevent her lands from going to sale, she gave bond with W. H. and-1. S. Kitehie as sureties, and sued out an injunction against Sims, the marshal. Afterwards she dismissed her injunction suit,…
2Cases cited8 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Swift & Co. v. United StatesSupreme Court of the United States · 1884
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Gott v. PowellSupreme Court of Missouri · 1867
- Wolfe v. MarshalSupreme Court of Missouri · 1873
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3Cited by2 opinions
- Howard v. HowardMissouri Court of Appeals · 1957
- Warren v. Order of Railway Conductors of AmericaMissouri Court of Appeals · 1918