State ex rel. Constable v. Brooke
Missouri Court of Appeals
Error to the Warren Circuit Court, Hon. William W. Edwards, Judge. The plaintiff in error was not the constable at the time the attachment suit was commenced, did not serve the writ in the case, and denies in his testimony that any demand was ever made upon him for the money collected of the garnishee.
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Error to the Warren Circuit Court, Hon. William W. Edwards, Judge. The plaintiff in error was not the constable at the time the attachment suit was commenced, did not serve the writ in the case, and denies in his testimony that any demand was ever made upon him for the money collected of the garnishee. If a sheriff levy an attachment or serves a garnishment upon property exempt under the law, and after judgment against the garnishee, is succeeded in office, and such successor collects money from the garnishee, on an execution, in favor of the plaintiff in the attachment and against the…
1Opinion of the Court
Rombauer, J.,
delivered the opinion of the court. ■
This is an action upon a constable’s bond against him and his sureties for official misconduct.
The breaches assigned are:(1) That the defendant constable, in serving a writ of attachment against the plaintiff, garnished one Michael Ryan, who was indebted to her in the sum of eighty-five dollars, and that, although plaintiff was the head of a family, and the debt thus seized was exempt from attachment and execution against her, he failed to apprise her of such exemption.(2) That after judgment was rendered against her and such garnishee, and…
2Cases cited4 opinions
- Earl v. HartSupreme Court of Missouri · 1886
- Lee v. KaiserSupreme Court of Missouri · 1883
- Brown v. HoffmeisterSupreme Court of Missouri · 1880
- State ex rel. Ryan v. EmmerlingMissouri Court of Appeals · 1882
3Cited by2 opinions
- State ex rel. Bellemere v. O'NeillMissouri Court of Appeals · 1899
- Barry County ex rel. Woolsey v. ShermanMissouri Court of Appeals · 1910