Marchildon v. O'Hara
Missouri Court of Appeals
Appeal from the Gape Girardeau Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) Defendant’s exemption rights could not be tried and determined by a motion to quash the levy of an execution. State ex rel. v. Bierwirth, 47 Mo.
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Appeal from the Gape Girardeau Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) Defendant’s exemption rights could not be tried and determined by a motion to quash the levy of an execution. State ex rel. v. Bierwirth, 47 Mo. App. 551; State ex rel. v. Barada, 57 Mo. 562; State v. Barnett, 96 Mo. 133; Freeman on Executions, sec. 271. (2) Assuming that a defendant’s exemptions may be set apart to him under a proceeding to quash the levy of an execution, yet when such levy is made by his direction his right to make the claim is lost. He may thus waive his right to claim his exemptions. Hombs v.…
1Opinion of the CourtRombauek, P. J.
The defendant, claiming that one Ball was indebted to him in the sum of $855 for work done on the St. Louis, Iron Mountain & Southern railroad as subcontractor under said Ball, brought suit against Ball and the railroad company, and recovered a judgment against both for $353.55 on May 7, 1891. The plaintiff sued the defendant on an open account, obtained judgment against him on January 4,1890, and caused the railroad company to be summoned as garnishee on an execution issued on this judgment. There being a number of claims outstanding againstithe defendant, the railroad company asked and…
2Cases cited2 opinions
- Ehrlich v. Ætna Life InsuranceSupreme Court of Missouri · 1885
- Robards v. SamuelSupreme Court of Missouri · 1853
3Cited by6 opinions
- Stein v. BostianCourt of Appeals for the Eighth Circuit · 1943
- Rolla State Bank v. BorgfeldMissouri Court of Appeals · 1902
- Tombs v. MooreMissouri Court of Appeals · 1896
- Exchange Bank v. Thuringia InsuranceMissouri Court of Appeals · 1904
- Saetelle v. Metropolitan Life InsuranceMissouri Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.