Huels v. Boettger
Missouri Court of Appeals
Appeal from flie St. Louis City Circkiit Court. — Hon. Daniel D. Fisher, Judge. 1 The plaintiffs, having made, executed and delivered to the constable a forthcoming bond, when the property was levied on, as the property of J. H. Bueter, are estopped from claiming said property as their own in any proceeding. McE IfatricJc v. Macauley, 15 Mo.
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Appeal from flie St. Louis City Circkiit Court. — Hon. Daniel D. Fisher, Judge. 1 The plaintiffs, having made, executed and delivered to the constable a forthcoming bond, when the property was levied on, as the property of J. H. Bueter, are estopped from claiming said property as their own in any proceeding. McE IfatricJc v. Macauley, 15 Mo. App. 102. (2) Plaintiffs, having given a forthcoming bond and not filing any written claim, duly sworn to according to law, with the officer, when the property was levied on, as the . property of another, cannot be allowed to claim thereafter such…
1Opinion of the Court
Biggs, J.,
delivered the opinion of the court. .
This is an action of replevin in which the ownership of a stock of groceries is involved. Pauline Huels claimed to have purchased the goods from one J. H. Bueter, and the defendant Charles Boettger claimed the right to retain them by virtue of a levy made by him as constable under a writ of attachment, in which his codefendants were plaintiffs and J. H. Bueter was the defendant. The case was submitted to the court on an agreed statement of facts ; a judgment was entered for the plaintiffs, and the defendants have appealed.
It appears from the…
2Cases cited4 opinions
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Bradley Hubbard Manufacturing Co. v. BeanMissouri Court of Appeals · 1886
- Mansur v. HillMissouri Court of Appeals · 1886
- McElfatrick v. MacauleyMissouri Court of Appeals · 1884
3Cited by1 opinion
- Woods-Egan Live-Stock Commission Co. v. HicksSupreme Court of Kansas · 1914