Pollock v. Hudgens
Supreme Court of Missouri
APPEAL FROM CIRCUIT COURT OF HOLT COUNTY. The only question in this case is whether appellee was entitled to recover the aforesaid interest upon the amount of his execution. The record sho-ws that the appellant excepted to the opinion, of the court below in giving said instruction, and also in overruling his motion for a new trial.
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APPEAL FROM CIRCUIT COURT OF HOLT COUNTY. The only question in this case is whether appellee was entitled to recover the aforesaid interest upon the amount of his execution. The record sho-ws that the appellant excepted to the opinion, of the court below in giving said instruction, and also in overruling his motion for a new trial. There are three statutes, the constable’s law, Statutes of Mo., 1835, 117, sec. 8; the execution law, Hid. 260, sec. 52, and the law regulating justice’s courts, Hid. 368, sec. 22 ; providing different remedies, and imposing different penalties on officers…
1Opinion of the Court
McBride, judge,
delivered the opinion of the court.
Prince L. Hudgens brought his action of debt in the Holt circuit court, in the name of the State of Missouri to his use, against Pollock, the defendant, as" principal, and others as his securities, on his constable’s bond. The plaintiff obtained judgment below, which the defendant moved to set aside, and for a new trial, which were refused, and he excepted and appealed to this court.
The declaration contained several counts assigning the usual breaches in such cases. The evidence went to show that the plaintiff having obtained a judgment before…
2Cited by2 opinions
- Wells v. SangerSupreme Court of Missouri · 1855
- State ex rel. Moutrey's Administrator v. MuirSupreme Court of Missouri · 1857