Bick v. Carter
Bick v. Carter
Opinion of the Court
This is an appeal from an order sustaining a motion to quash an execution. The judgment on which the execution was issued was recovered by plaintiff against defendant January 22, 1894, before a justice of the peace, and was for $85. Said judgment was revived November 9,1903, and subsequently a transcript- of the revived and renewed judgment was filed in the office of the circuit clerk of Monroe county. An execution was taken out on this transcript and levied on ■three lots in the city of Paris, Missouri, and on another parcel of ground in said city. The levy was made August 3,1905, and a sale of the lots took place pursuant to the levy September 5th of that year. On September 16th Martha A. Vaughn appeared in court and filed a motion to quash the execution, alleging in support of the motion that the execution defendant, W. P. Carter, had died in August, 1904, prior to the execution sale and that before his death she had purchased the property from him on which the execution was levied. The court sustained the motion to quash and defendant appealed, assigning for error that Martha A. Vaughn, the mover, not being a party to the action, had no right to interpose against the execution and the court ruled Avrongly in entertaining and sustaining her motion. It is no doubt true, as a general proposition, that a person not a party to a suit-cannot interfere with the progress of the proceeding either before or after judgment; and hence Avill not be heard on motion to quash an execution issued against
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.