Waterman v. Frank
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action upon a penal bond given by Charles Frank and John Valentine, as principals, and Philip Walter, as security, to E. G. Clark, a constable of St. Louis township, conditioned for the delivery, upon the return day of the writ, of certain property which had been seized under an execution issued by a justice of the peace in favor of Waterman & Byan against Benjamin Mendheim.
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Appeal from St. Louis Court of Common Pleas. This was an action upon a penal bond given by Charles Frank and John Valentine, as principals, and Philip Walter, as security, to E. G. Clark, a constable of St. Louis township, conditioned for the delivery, upon the return day of the writ, of certain property which had been seized under an execution issued by a justice of the peace in favor of Waterman & Byan against Benjamin Mendheim. Before the return day of the execution, the obligors in the bond interposed a claim to the property. The constable summoned a jury to try the right of property, and…
1Opinion of the CourtScott, Judge
The statute, in permitting a delivery bond to be given for property seized under execution, did not contemplate taking away a trial of the right to the property seized, interposed by a claimant. The statutes in reference to this subject should be construed so as to make them stand together. After giving a right to a trial, it could not have been intended that the officer or the defendant in the execution might, at will, defeat it by a delivery bond. If this right is preserved to the claimant, then a power to the plaintiff in the execution of compelling the officer, by a bond of indemnity, to…
2Cases cited4 opinions
- Craig v. CraigCourt of Appeals of Virginia · 1799
- Meze v. HowverSupreme Court of Virginia · 1829
- Drake v. MooreCourt of Appeals of Kentucky · 1809
- Poston v. SouthernCourt of Appeals of Kentucky · 1847
3Cited by12 opinions
- La Crosse Lumber Co. v. SchwartzMissouri Court of Appeals · 1912
- Wiss v. Royal Indemnity Co.Missouri Court of Appeals · 1926
- Smith v. StubbsColorado Court of Appeals · 1901
- Fellows v. KreutzMissouri Court of Appeals · 1915
- McElfatrick v. MacauleyMissouri Court of Appeals · 1884
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