Scrutchfield v. Sauter
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) Tlie circuit court liad no power to interfere with an execution issued from the circuit court of Moniteau county. Mellier v. Bartlett, 89 Mo. 134. (2) It was error to sustain the, demurrer to. part of the answer to the amended petition. Where an estoppel is relied upon, it must be pleaded. Ferneau v. Whitford, 39 Mo.
Read the full summary
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) Tlie circuit court liad no power to interfere with an execution issued from the circuit court of Moniteau county. Mellier v. Bartlett, 89 Mo. 134. (2) It was error to sustain the, demurrer to. part of the answer to the amended petition. Where an estoppel is relied upon, it must be pleaded. Ferneau v. Whitford, 39 Mo. App. 311. The facts set up constituted a good defense, and they were properly pleaded; and the demurrer should not have been sustained. Broy v. Marshall, 75 Mo. 327; Nolle v. Blainit, 77 Mo. 235; Rammer slough v.…
1Opinion of the CourtMacfaklaNE, J.
Defendants were partners doing business in Boonville prior to the year 1887. During the years 1885 and 1886 M. L. Scrutchfield, husband of plaintiff, became indebted to them for goods sold his wife, the plaintiff, and his daughter. Upon this indebtedness they recovered a judgment against the husband of plaintiff in the circuit court of Moniteau county on the ninth day of June, 1889, for $153.28. *619On the thirteenth day of June execution was issued on this judgment, directed to the sheriff of Cooper county, and was by him levied upon certain real estate situate in the city of Boonville in said…
2Cases cited6 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Rannells v. GernerSupreme Court of Missouri · 1883
- Tingley v. CowgillSupreme Court of Missouri · 1871
- Williams' Admr. v. WilliamsSupreme Court of Missouri · 1878
- Pettus v. ElginSupreme Court of Missouri · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Blake v. MeadowsSupreme Court of Missouri · 1909
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- Texarkana & Fort Smith Railway Co. v. FrugiaCourt of Appeals of Texas · 1906
- Adoue v. SpencerSupreme Court of New Jersey · 1901
14 more not listed; retrieve them via the Exa API.