State ex rel. Senter v. Cowell
Missouri Court of Appeals
Error to Schuyler Circuit Court. — No». Nat. M. Shelton, Judge. (1) The sheriff’s return on the writ of attachment does not show whose property was attached; it does not state that relator had any interest in the property attached, or that it was taken out of his possession. The court erred in permitting the return to be read in evidence. A levy on mules, generally, without stating whose they were, or in whose hands they were is riot a good levy; the return and levy are bad.
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Error to Schuyler Circuit Court. — No». Nat. M. Shelton, Judge. (1) The sheriff’s return on the writ of attachment does not show whose property was attached; it does not state that relator had any interest in the property attached, or that it was taken out of his possession. The court erred in permitting the return to be read in evidence. A levy on mules, generally, without stating whose they were, or in whose hands they were is riot a good levy; the return and levy are bad. Anderson v. Scott, 2 Mo. 15; Newton v. Strang, 48 Mo. App. 540; Reitz v. People, 77 111. 518; Foster v. Illinski, 3…
1Opinion of the CourtBroaddus, P. J.
This is a suit for damages on alleged breach of an attachment bond. On the twenty-fifth of October, 1900, .the defendants herein,' F. 0. Longee and E. H. Longee, commenced an attachment suit against the plaintiff herein and executed an attachment bond in the usual form in the sum of sixteen hundred dollars with defendants, Cowell and Bartlett, as sureties, and caused a writ of attachment to be issued, under which certain personal property of the plaintiff was seized, as shown by the following return of the sheriff: “On the twenty-ninth of October, served the within writ by taking possession…
2Cases cited10 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Knight v. FisherSupreme Court of Colorado · 1890
- Sharp v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1893
- McMurdock v. KimberlinMissouri Court of Appeals · 1886
- Hunt v. ElliottCalifornia Supreme Court · 1888
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3Cited by10 opinions
- Board of Com'rs of Dona Ana County v. GardnerNew Mexico Supreme Court · 1953
- Ellis v. NuckolsSupreme Court of Missouri · 1911
- Honigsberg v. New York City Transit AuthorityCivil Court of the City of New York · 1964
- Klein v. EichenNew York Supreme Court · 1970
- Miller v. SmithCourt of Appeals for the Eighth Circuit · 1924
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