Hall v. Bramell
Missouri Court of Appeals
Appeal from Henry Circuit Court. — Hon. W. W. Graves, Judge. (1) A compliance with the provisions of section 4039, Code 1899, is essential to the issuance of a valid execution. Loth v. Eaconesowich, 22 Mo. App. 68; Huffman v. Sisk, 62 Mo.
Read the full summary
Appeal from Henry Circuit Court. — Hon. W. W. Graves, Judge. (1) A compliance with the provisions of section 4039, Code 1899, is essential to the issuance of a valid execution. Loth v. Eaconesowich, 22 Mo. App. 68; Huffman v. Sisk, 62 Mo. App. 398. (2) The effect of the stipulation in the original cause that “the same be continued from October 29, 1898, the day set for trial, until the parties agree upon date when the same shall be tried,” was to discontinue cause and to divest justice of jurisdiction. His power to proceed further with the suit ceased until the parties agreed upon date. Young…
1Opinion of the CourtEllison, J.
This is an action of replevin whereby plaintiff seeks to recover seven calves. Defendant is a constable and seeks to justify his possession by virtue of a writ of execution against the plaintiff, issued on a judgment in a justice of the peace court. The property was taken from the constable and delivered to the plaintiff.
We have heretofore decided that a party can not replevin property which has been taken from him under a writ of execution unless it be that such writ was void. Buis v. Cooper, 63 Mo. App. 196. Plaintiff undertakes to bring himself within the terms of that decision by showing…
2Cases cited10 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Boutell v. WarneSupreme Court of Missouri · 1876
- Hickman v. DillMissouri Court of Appeals · 1888
- Dodd, Brown & Co. v. WilsonMissouri Court of Appeals · 1887
- Loth v. FaconesowichMissouri Court of Appeals · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Weber Implement Co. v. DunardMissouri Court of Appeals · 1914
- Gaston v. JohnsonMissouri Court of Appeals · 1904
- McWherter v. RandallMissouri Court of Appeals · 1921