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546 S.W.2d 203

Cain v. Cain

Missouri Court of Appeals

Decided January 12, 1977

Missouri Court of Appeals · decided 1977-01-12

Relies on Hardin v. Hardin · Hedgecorth v. Hedgecorth · Bonadonna v. Bonadonna

Good law ✅— No negative treatment on recordhow we know

Decided 1977-01-12

How this case has been cited

Cited by 4 later decisions — most recently September 1992

4 state decisions

20197719801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1In the trial court, Camille Ann Cain, appellant here, sought to collect, by execution and garnishment in aid thereof, delinquent amounts of child support and maintenance owed by her former husband John William Cain, respondent here. John filed a motion to quash the execution and the trial court sustained the motion and entered its order quashing the execution and the garnishment issued in aid thereof. Camille appeals from that order. The appeal lies. Hardin v. Hardin, 512 S.W.2d 851, 852[1] (Mo.App.1974).

¶2The judgment must be reversed on the basis of principles enunciated in Bonadonna v. Bonadonna, 322 S.W.2d 925, 926[1-2] (Mo.1959), a case which is factually similar.

¶3The sole ground of John’s motion to quash was that the judgment had been paid. At the hearing on the motion no evidence was presented. The same situation prevailed in Bonadonnawhere the supreme court agreed with the ex-wife’s contention that “the trial court had no authority to quash the execution based upon the fact that the judgment had been paid without hearing evidence to substantiate said allegation.”

¶4In Bonadonnaat p. 926 the court said (authorities omitted): “The allegation in the motion did not prove itself. The burden of sustaining the motion to quash rested *204upon respondent, and since he pleaded payment, an affirmative defense, it was incumbent upon him to produce substantial evidence showing payment of the judgment. . There was no proof whatever of the ground set forth in respondent’s motion to quash the execution, and the motion was, therefore, improperly sustained.”

¶5See also Hedgecorth v. Hedgecorth, 463 S.W.2d 596, 598[6-10] (Mo.App.1971).

¶6The order quashing the writ of execution (and setting aside the garnishment in aid thereof) is reversed and the cause is remanded for further proceedings.

¶7All concur.

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