Douglas v. Orr
Supreme Court of Missouri
Appeal from Boone Circuit Court. 1. To constitute a valid levy there must have been an actual taking of the possession and control of the vehicles.. (Wagu. Stat., § 19, 606 ; Yeldell vs. Stemmons, 15 Mo., 443; Newman vs. Hook, 37 Mo., 207; Cobb vs. Gage, 7 Ala., 619.) L The levy was valid. (Woods vs. Yanarsdale, 3 Rawle; 401; Butler vs, Maynard, 11 Wend., 548; 23 Wend., 490 ; 5 Denio, 198 ; 12 B. Mon., 484.) II.
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Appeal from Boone Circuit Court. 1. To constitute a valid levy there must have been an actual taking of the possession and control of the vehicles.. (Wagu. Stat., § 19, 606 ; Yeldell vs. Stemmons, 15 Mo., 443; Newman vs. Hook, 37 Mo., 207; Cobb vs. Gage, 7 Ala., 619.) L The levy was valid. (Woods vs. Yanarsdale, 3 Rawle; 401; Butler vs, Maynard, 11 Wend., 548; 23 Wend., 490 ; 5 Denio, 198 ; 12 B. Mon., 484.) II. Although in the amended transcript the bill of exceptions states that “an appeal was granted,” yet, inasmuch as the order granting an appeal is part of the record proper, and no part…
1Opinion of the Court
Hough, Judge,
delivered tlie opinion of the court.
It appears from the record in this cause, that on tlie 14th day of December, 1871, the defendant, Orr, being at the time sheriff of Boone county, and having in his hands a valid exe*574eution, from the Boone Circuit Court against one R. W. Dorsey, went to the carriage shop of said Dorsey in the-town of Columbia, to get a new buggy he had purchased of him; and while one W. Gr. Alexander, who was the only person about the premises (Dorsey being at the time absent from town), was outside the shop, fixing the shafts on the sheriff’s bnggy, be went into…
2Cases cited5 opinions
- Connah v. HaleNew York Supreme Court · 1840
- Barker v. . BinningerNew York Court of Appeals · 1856
- Newman v. HookSupreme Court of Missouri · 1866
- Camp v. ChamberlainNew York Supreme Court · 1848
- Yeldell v. StemmonsSupreme Court of Missouri · 1852
3Cited by18 opinions
- State Ex Rel. Mather v. CarnesMissouri Court of Appeals · 1977
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Eads v. StephensSupreme Court of Missouri · 1876
- Homes v. CorbinMissouri Court of Appeals · 1886
- Parlin & Orendorff Co. v. HordSupreme Court of Missouri · 1898
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