Kammann v. Chris Bimmerle Painting Co.
Kammann v. Chris Bimmerle Painting Co.
Opinion of the Court
This is an appeal from the action of the St. Louis City Circuit Court in overruling the motion of a garnishee to quash an execution which had been issued against it by the clerk of said court in a cause' therein pending wherein appellant (here) was plaintiff and one Robert Gass was defendant.
The printed abstract furnished contains (1) the motion to quash, (2) the transcript of the judgment on which the execution was issued (which appellant states it offered in evidence below to support the motion to quash), (3) a recital that the motion to quash was overruled on the 15th day of June, 1908, and (4) that on June 23, 1908, appellant filed an affidavit and bond for an appeal in said cause, which was granted by an order made of that date.
No bill of exceptions appears to have been filed, nor is one referred to, and indeed nothing appears but what is detailed above.
Respondent has not briefed the case on its merits, but relies solely upon the contention that the motion, not having been incorporated in a bill of exceptions showing the overruling of the same and the exceptions thereto, is not reviewable by this court under the rules governing appellate practice.
Appellant strenuously contends that a motion to quash an execution is a part of the record proper and will be considered by the appellate court just as a demurrer is considered without being incorporated in a bill of exceptions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.