Reports of Cases Determined in the Supreme Court of the State of Missouri (Volume 146) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899. Excerpt: ... City of Aurora ex rel. v. Lindsay. has once accrued it can not be destroyed except by actual release. The instructions given for the plaintiffs under the circumstances disclosed by this record, when taken together, fully and fairly presented for the consideration of the jury every conceivable phase of the case. It follows, thereof, that the court committed no error in refusing the instructions asked by defendant. There being no reversible error in the record, the judgment is affirmed. All concur. City Of Aurora ex rel. Williams, Collector, et al. v. Lindsay et al., Appellants. Division One, December 8,1898. 1. Executions: Return Term: Motion To Recall Execution. Judgment was rendered in a justice's court on September 18, a transcript thereof filed in circuit court, and the property sold under execution at the next term in February. Held, under these circumstances, that the next term of court in August was the return term of tho execution. Held, also, that a motion tiled in June, before the beginning of the August term, to set aside the judgment of the justice, to recall the execution and to set aside the sale, was filed in proper time. 2.: Motion TO Recall. A motion to recall execution, made after sale and before return term of the writ, is the proper procedure to avoid any injustice done by the sale. 3. City Taxes: Suits To Collect Same: Parties. Suits to collect delinquent city taxes should be brought in the name of the city at the relation of the city collector, under section 1604. Revised Statutes 1889, and not in the name of the State at the relation of the county collector under section 7672 et acq. 4.:: Notice BY Publication. Section 1604 (R. S. 1889), requiring in suits before a justice of the peace for city taxes, that the last publication of tho n