Potter v. Whitten
Missouri Court of Appeals
Appeal from Jasper Circuit Court . — Eon. David E. Blair, Judge. (1) We’have hut one form of action in this state for actions at law and in equity. Gawtry v. Adams, 10 Mo.
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Appeal from Jasper Circuit Court . — Eon. David E. Blair, Judge. (1) We’have hut one form of action in this state for actions at law and in equity. Gawtry v. Adams, 10 Mo. App. 32. (2) It is not required in a judgment at law that the court shall in terms direct the issuance of an execution, and the same, rule has been applied to a decree m chancery. 17 Cyc. 928; Fontaine v. Hudson, 93 Mo. 62; Ramsey v. Roy, 144 Mo. 191; Smith ex rel. v. Rogers, 191 Mo. 344; Pelz v. Bollinger, 180 Mo. 252; State ex rel. v. Renick, 157 Mo. 292. (3) A judgment is not vitiated by the addition to it of merely…
1Opinion of the CourtNixon, P. J.
This is an appeal from an order of the circuit court of Jasper county quashing a general execution and writ of garnishment issued thereon in a case entitled John A. Potter, Plaintiff, v. E. G. Whitten, Defendant. The petition in that case (which was' introduced in evidence in this proceeding) recited the making of a promissory note on November 17, 1909, by Whitten to Potter for the sum of $1,658.131, payable four months after date, bearing interest at eight per cent, per annum, and that as collateral security Whitten deposited at the time of making said note with the Joplin Trust Company,…
2Cases cited25 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Winningham v. TruebloodSupreme Court of Missouri · 1899
- Marx v. HartSupreme Court of Missouri · 1902
- Murphy v. De FranceSupreme Court of Missouri · 1890
- Cox v. BoyceSupreme Court of Missouri · 1899
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3Cited by12 opinions
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- Shane v. PeoplesNorth Dakota Supreme Court · 1913
- Federal Truck Co. v. MayerMissouri Court of Appeals · 1925
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
- State Ex Rel. Adkins v. GrugettMissouri Court of Appeals · 1933
7 more not listed; retrieve them via the Exa API.