Shotwell v. Munroe
Missouri Court of Appeals
Appeal from the Pilce Circuit Court. — Hon. E. M. Hughes, J udge. The cou’rt erred in permitting defendant to read in ■evidence the original» execution, issued on the Haden judgment, and the various returns of the sheriff thereon. The only purpose it could subserve was a tendency to show that the issuance of the alias execution thereafter, .and the sale thereunder, was irregular and invalid.
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Appeal from the Pilce Circuit Court. — Hon. E. M. Hughes, J udge. The cou’rt erred in permitting defendant to read in ■evidence the original» execution, issued on the Haden judgment, and the various returns of the sheriff thereon. The only purpose it could subserve was a tendency to show that the issuance of the alias execution thereafter, .and the sale thereunder, was irregular and invalid. This, we contend, could not be done by S. P. Griffith, because he had assented to this sale, instructed his-attorney to release his mortgage in order to aid such sale, and had the Haden debt, for which he…
1Opinion of the CourtRombatjer, P. J.
John B. Haden obtained a judgment against A. H. Carter in the year 1886 for six hundred and sixty-one dollars and thirty-one cents. An execution on the judgment was levied on Carter’s property, on which the sheriff collected eighty-six dollars and eighty-one cents in cash, and, for the residue, Carter as principal and one Griffith as his security executed their note to Haden. The sheriff thereupon returned the execution showing these facts, and subsequently by the consent of Carter and Haden amended *672his return, stating that, out of the eighty-six dollars and eighty-one cents paid to him by…
2Cases cited8 opinions
- Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
- Austin v. LoringSupreme Court of Missouri · 1876
- Leabo v. GoodeSupreme Court of Missouri · 1877
- Appleton v. KennonSupreme Court of Missouri · 1854
- Riggs v. GoodrichSupreme Court of Missouri · 1881
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3Cited by6 opinions
- Winters v. Reserve Loan Life InsuranceMissouri Court of Appeals · 1926
- Chorn v. ZollingerMissouri Court of Appeals · 1910
- People's State Savings Bank v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1915
- Watkins v. FloydMissouri Court of Appeals · 1973
- Scheer v. BrooksSupreme Court of Missouri · 1933
1 more not listed; retrieve them via the Exa API.