Boyd v. J. M. Ward Furniture, Stove & Carpet Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Cotort. — Hon. Leroy B. Valliant, Judge. The court erred in granting plaintiffs’ motion. The judgment on which the execution was issued was void as to other attaching creditors. It was evidently intended as a judgment by confession, without complying with the law regulating such judgments. Gilbert v. Gilbert, 33 Mo.
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Appeal from the St. Louis City Circuit Cotort. — Hon. Leroy B. Valliant, Judge. The court erred in granting plaintiffs’ motion. The judgment on which the execution was issued was void as to other attaching creditors. It was evidently intended as a judgment by confession, without complying with the law regulating such judgments. Gilbert v. Gilbert, 33 Mo. App. 259. .The judgment cannot be sustained under section 3658. That statute was plainly intended to enable the entry of a judgment on a compromise. In this case there was no pretense of a compromise or adjustment. The defendant entered its…
1Opinion of the CourtRombauer, P. J.
The questions of law presented by this appeal arise upon the following uncontroverted facts: The Mullanphy Savings Bank instituted suit by attachment against the defendant furniture company, and, upon the wi'it issued thereon, caused the seizure of a lot of -carpets. Three days later, the plaintiffs also brought suit by attachment against the furniture company, and caused the writ issued thereon to be levied on the same property, subject to the lien of prior levies. Pour days after the institution of the suit of the plaintiffs, the furniture company made a written offer to plaintiffs to allow…
2Cases cited10 opinions
- Parker v. RodesSupreme Court of Missouri · 1883
- Beards v. . WheelerNew York Court of Appeals · 1879
- Norris ex rel. Schwartz v. BrunswickSupreme Court of Missouri · 1880
- State ex rel. Evans v. OrahoodMissouri Court of Appeals · 1887
- State ex rel. Comfort v. MasonSupreme Court of Missouri · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Straus v. RothanSupreme Court of Missouri · 1890
- Corning & Co. v. Rinehart Medicine Co.Missouri Court of Appeals · 1891
- Adler v. AndersonMissouri Court of Appeals · 1890
- Burnham, Hanna, Munger & Co. v. BlankMissouri Court of Appeals · 1892
- Straus v. RothanMissouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.