Norman v. Eastburn
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Eon. J. L. Fort, Judge. (1) The judgments on which were made the execution sales under which defendants claim, are void, inasmuch as the court rendering’ them had no authority in law for the rendition of a judgment for an allowance to a garnishee in that kind of proceeding. Mfg. Co. v. Milling Co., 79 Mo.
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Appeal from Stoddard Circuit Court. — Eon. J. L. Fort, Judge. (1) The judgments on which were made the execution sales under which defendants claim, are void, inasmuch as the court rendering’ them had no authority in law for the rendition of a judgment for an allowance to a garnishee in that kind of proceeding. Mfg. Co. v. Milling Co., 79 Mo. App. 158; Gh S. 1865; chap. 142, secs. 20-23, p. 575; R. S. 1809, sec. 3454; R. S. 1845, secs. 35, 36, p. 141; R. S. 1855, secs. 72-74, p. 2591; Stewart v. Anderson, 19' Mo. 479; O’Reilly v. Cleary, 8 Mo. App. 192; Simmons v. Railroad, 19' Mo. App. 546;…
1Opinion of the Court
(GANTT, P. J.
This was an action instituted by plaintiff, W. W. Norman, against George W. Eastburn, George F. Taylor, Mercer D. Wilson and Joseph T. Wilson, under section 650; Revised Statutes 1899, to quiet title to certain real estate in Stoddard county.
Plaintiff alleged that he • was the owner in fee-simple of section 24, township 25, range 12, containing 640 acres, and the north half of section 23, township 25, range 12, containing 320 acres, in all 960 acres; that the defendants claimed some interest in said lands, the character and nature of which was to petitioner unknown, but the same…
2Cases cited7 opinions
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- Young v. SchofieldSupreme Court of Missouri · 1896
- Bouldin v. EwartSupreme Court of Missouri · 1876
- Keyte v. PlemmonsSupreme Court of Missouri · 1859
- Ables v. WebbSupreme Court of Missouri · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Ford v. HoganSupreme Court of Missouri · 1930
- Farris v. SmithpeterMissouri Court of Appeals · 1914
- Kirkwood Realty, Insurance & Adjustment v. HenrySupreme Court of Missouri · 1942
- State Ex Rel. Banner Loan Co. v. LandwehrSupreme Court of Missouri · 1930
- City of St. Louis v. MillerSupreme Court of Missouri · 1935
2 more not listed; retrieve them via the Exa API.