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McDonald v. Tiemann

McDonald v. Tiemann, 17 Mo. 603 (1853)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
March 15, 1853
Judges
Gamble
Citations
17 Mo. 603
Cited by 6
Headnotes
1. A court of one county has no jurisdiction to quash an execution issued to the sheriff of that county from the court of another county.
Summary
Appeal from Franklin Circuit Court. Tiemann filed a motion in the Circuit Court of Franklin county, at the April term, 1852, to quash ‘an execution issued to the sheriff of that county, in favor of Susannah McDonald, on a judgment rendered in the Circuit Court of Gasconade county. On the hearing, it was proved that Susannah McDonald died before the execution issued. The motion was overruled, and Tiemann appealed. insisted that the execution should have been quashed because it issued in favor of a deceased party. insisted that, as the execution was a mere fee bill to compel the payment of the costs of the suit, the death of the plaintiff made no difference.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gamble

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Gamble, Judge.

The motion of Tiemann, in the Circuit Court of Franklin county, to quash an execution issued to the sheriff of that county, upon a judgment rendered in the Circuit Court of Gasconade county, was properly overruled, because the court of Franklin county had no jurisdiction to quash an execution issued from the court of another county. The motion must be made in the court from which the process issues. Pettis v. Elgin, 11 Mo. Rep. 411 .

The judgment of the Franklin Circuit Court is, with the concurrence of the other judges, affirmed.

How later courts describe this case

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Cited by 6 cases

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1859–1860: 11885–1886: 11909–1910: 11911–1912: 21913–1914: 118592026peak 1911 · 2

Relies on it most ⓘ

  1. State ex rel. Marrs v. Wessell141 S.W. 883 (Mo. 1911)
  2. Keyte v. Plemmons28 Mo. 104 (1859)
  3. Mellier v. Bartlett89 Mo. 134 (1886)
  4. Norman v. Eastburn130 S.W. 276 (Mo. 1910)
  5. Farris v. Smithpeter166 S.W. 655 (Mo. Ct. App. 1914)
  6. Carthage National Bank v. Poole141 S.W. 729 (Mo. Ct. App. 1911)

Most recent

  1. Farris v. Smithpeter166 S.W. 655 (Mo. Ct. App. 1914)
  2. Carthage National Bank v. Poole141 S.W. 729 (Mo. Ct. App. 1911)
  3. State ex rel. Marrs v. Wessell141 S.W. 883 (Mo. 1911)
  4. Norman v. Eastburn130 S.W. 276 (Mo. 1910)
  5. Mellier v. Bartlett89 Mo. 134 (1886)
  6. Keyte v. Plemmons28 Mo. 104 (1859)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Pettus v. Elgin, 11 Mo. 411 (1848) 10

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