Oeters v. Aehle
Supreme Court of Missouri
Error to Cooper Circuit Court. The plaintiff .on tlie 18th June, 1859, sued out of the Cooper circuit court a writ of attachment, against the property of John Weber. The writ was delivered to the defendant, Bunce, sheriff, on the day that it issued, with directions to levy forthwith.
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Error to Cooper Circuit Court. The plaintiff .on tlie 18th June, 1859, sued out of the Cooper circuit court a writ of attachment, against the property of John Weber. The writ was delivered to the defendant, Bunce, sheriff, on the day that it issued, with directions to levy forthwith. On the 2b‘th of April, 1859, the defendant, Aehle, had sued out a writ of attachment, in same court, against the property of Weber; and the defendant, Bunce, on 30th April, levied on Weber’s property. The judge made an order on the 3rd of June, at Chambers, for the sale of the property levied on, under the…
1Opinion of the CourtNapton, Judge
The thirty-second section of the attachment law authorizes the court or judge, when property seized on attachment is likely to perish or depreciate in value before the probable termination of the suit, to order a sale of it. The proceeds of the sale, in such cases, are retained by the officer making it, to be disposed of as the property itself would have been, had it remained in specie.
This power is confided to the court for the benefit of both parties, debtor as well as creditor. The writ issued by the court or judge, is not at all in the nature of a writ of execution, subject to the control…
2Cited by3 opinions
- Young v. KellarSupreme Court of Missouri · 1887
- Franke v. Eby, Davis & Co.Missouri Court of Appeals · 1892
- Carp v. ItzkowitzMissouri Court of Appeals · 1898