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82 Mo. 671

Bushong v. Taylor

Supreme Court of Missouri

Decided October 15, 1884

Supreme Court of Missouri · decided 1884-10-15

<p>'Execution. A second execution should not he quashed merely because it is not entitled an “ alias execution.”</p>

Cited by 3 later decisions — most recently June 1915

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1884-10-15

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Sherwood, J.

¶1This case is an offshoot of the case of Bushong v. Taylor, ante, p. 660, the only point in it being wbether the trial court ruled correctly in refusing to quash a second execution, merely because it was not entitled an “ alias execution.”

¶2The ruling was proper. The first execution was avoid 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.

¶3Therefore, judgment affirmed.

All concur.
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