State ex rel. Reeves v. Barker
Missouri Court of Appeals
Appeal from Harrison Circuit Court, Hon. Chas. H. S. Goodman, Judge. I. By Ms conduct in disclaiming the ownership of the goods at the time of the levy, the sheriff was induced to proceed and the relator was estopped from claiming them afterwards. Garnhart v. Finney, 40 Mo. 449, 462-3, and cases cited ; Dezell v. Odell, 3 Hill (N. Y.) 215, 218, 219 ; Bigelow on Estoppel [3 -Ed.] 481, 482, and cases cited, notes., II.
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Appeal from Harrison Circuit Court, Hon. Chas. H. S. Goodman, Judge. I. By Ms conduct in disclaiming the ownership of the goods at the time of the levy, the sheriff was induced to proceed and the relator was estopped from claiming them afterwards. Garnhart v. Finney, 40 Mo. 449, 462-3, and cases cited ; Dezell v. Odell, 3 Hill (N. Y.) 215, 218, 219 ; Bigelow on Estoppel [3 -Ed.] 481, 482, and cases cited, notes., II. The court below erred in refusing competent testimony to prove that the relator had no interest in the goods at the time of the levy. That was the precise question in issue.…
1Opinion of the CourtPhilips, P. J.
This is an action against the sheriff of Harrison county, Thomas J. Barker, and the sureties-on his official bond, to recover damages for the alleged wrongful levy of a writ of attachment on the property of plaintiff.
In the attachment suit the plaintiff interpleaded, and on the trial of the issues therein, the plaintiff prevailed. After this the plaintiff brought this action to *491recover the damages consequent upon the wrongful taking and detention of Ms property. At the trial the defendant sought to prove that the plaintiff was not the owner of the property, in fact. This evidence was…
2Cases cited8 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- McDonald & Co. v. GregorySupreme Court of Iowa · 1875
- Spooner v. RossMissouri Court of Appeals · 1887
- Mills v. ThomsonSupreme Court of Missouri · 1875
- Conger v. ChilcoteSupreme Court of Iowa · 1875
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3Cited by12 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Wheeler Savings Bank v. TraceySupreme Court of Missouri · 1897
- Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929
- State ex rel. Kern v. StoneSupreme Court of Missouri · 1916
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
7 more not listed; retrieve them via the Exa API.