McDonald v. Tiemann

Supreme Court of Missouri

McDonald v. Tiemann

17 Mo. 603

CourtSupreme Court of Missouri

DecidedMarch 15, 1853

StatusPublished

Cited by6 cases

This text of 17 Mo. 603 (McDonald v. Tiemann) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McDonald v. Tiemann, 17 Mo. 603 (Mo. 1853).

Pincite

Opinion

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.

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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.

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Bluebook (online)

17 Mo. 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-tiemann-mo-1853.

Opinion

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