Snead v. Wegman
Supreme Court of Missouri
Error to St. Louis Law Commissioner's Court. Wegman, a constable of St. Louis township, in obedience to a writ of attachment issued by John Black, a justice of the peace in and for said township, seized as the property of Snead a wood-boat lying at the wharf in St. Louis. The justice afterwards, on the petition of said constable, ordered said boat to be sold as perishable property.
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Error to St. Louis Law Commissioner's Court. Wegman, a constable of St. Louis township, in obedience to a writ of attachment issued by John Black, a justice of the peace in and for said township, seized as the property of Snead a wood-boat lying at the wharf in St. Louis. The justice afterwards, on the petition of said constable, ordered said boat to be sold as perishable property. The boat was sold under this order for $100. The costs, charges and expenses of the safe keeping and sale of the boat were $72, leaving a balance of $28 in the hands of the constable. After the sale there was a…
1Opinion of the CourtRichardson, Judge
The twenty-first section of the second article of the attachment act of 1845 declares that “ when property shall be seized on attachment, which is likely to perish or depreciate in value before the probable end of the suit, or the keeping of which would be attended with much loss or expense, the justice may order the same to be sold by the constable in the same manner and on the same notice as goods are required *178to be sold on fieri facias, and tbe proceeds of such sale shall remain in the hands of the constable, subject to be disposed of as the property would have been subject if it had…
2Cited by3 opinions
- Young v. KellarSupreme Court of Missouri · 1887
- City of St. Louis v. St. Louis Gas-Light Co.Missouri Court of Appeals · 1881
- Beeman & Cashin Mercantile Co. v. SorensonWyoming Supreme Court · 1907