Bushong v. Taylor
| Decision Date | 31 October 1884 |
| Parties | BUSHONG v. TAYLOR et. al., Trustees, Appellants. |
| Court | Missouri Supreme Court |
Appeal from Pettis Circuit Court.--HON. WM. T. WOOD, Judge.
AFFIRMED.
E. J. Smith, W. S. Shirk and F. A. Sampson for appellants.
G. P. B. Jackson and G. C. Heard for respondent.
This case is an offshoot of the case of Bushong v. Taylor, 82 Mo. 660, the only point in it being whether the trial court ruled correctly in refusing to quash a second execution, merely because it was not entitled an “alias execution.”
The ruling was proper. The first execution was a void writ, because it recited a judgment which had no existence, i. e., one rendered against the trustees personally, whereas in fact the judgment was only for the sale of the property.
Therefore, judgment affirmed.
All concur.
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8 cases
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Burrus v. Cook
... ... To the same effect is Bushong v. Taylor, 82 Mo. 660. In Benne v. Schnecko, 100 Mo. 250, 13 S. W. 82, the facts, in essential particulars, are identical with those before us. The ... ...
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Goldschmidt v. Pevely Dairy Co.
...v. Meckfessel, 261 S.W. 55; Petty v. Tucker, 166 Mo.App. 98; Bauer v. Gray, 18 Mo.App. 172; Singleton v. Townsend, 45 Mo. 379; Burhong v. Taylor, 82 Mo. 671; Reynolds Schade, 131 Mo.App. 13; Superior Mineral Co. v. Mo. Pac. Ry. Co., 45 S.W.2d 912, 59 S.W.2d 690. Lashly, Lashly & Miller and ......
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Burrus v. Cook
... ... "to sue for money paid as surety" under the ... hypothesis that payment extinguished the debt. [To the same ... effect is Bushong v. Taylor, 82 Mo. 660.] In ... Benne v. Schnecko, 100 Mo. 250, 13 S.W. 82, the ... facts, in essential particulars, are identical with those ... ...
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Burrus v. Cook
... ... action accrues to him. This is expressly decided in ... Singleton v. Townsend, 45 Mo. 379; Burton v ... Rutherford, 49 Mo. 255; Bushong v. Taylor, 82 ... Mo. 660, 671. And so it seems to have been decided in every ... other State where the question has been presented ... [ Junker ... ...
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