Hanson & Thorson v. McKerrall
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. J. T. Neville, Judge. The defendant made the statutory claim in writing verified by affidavit, as prescribed by section 6311 of the Revised Statutes of 1889. The constable thereupon demanded of plaintiffs the execution of an indemnity bond. This was executed by plaintiffs, delivered to the constable and by him approved as solvent, and returned to the justice and. attached to the files.
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Appeal from the Greene Circuit Court. — Hon. J. T. Neville, Judge. The defendant made the statutory claim in writing verified by affidavit, as prescribed by section 6311 of the Revised Statutes of 1889. The constable thereupon demanded of plaintiffs the execution of an indemnity bond. This was executed by plaintiffs, delivered to the constable and by him approved as solvent, and returned to the justice and. attached to the files. This constitutes an election, and the remedy of defendant is upon the bond. She can not sue for trespass, nor can she pursue property by replevin. Palmer v.…
1Opinion of the CourtRombauer, P. J.
— The plaintiffs recovered judgment before a justice against one Campbell, and caused an execution issued on such judgment to be levied on Campbell’s interest in a matured crop of corn, standing in the defendant’s field. The defendant made written claim to the corn as her property, whereupon the plaintiffs gave an indemnify bond to the constable under the provisions of section 6311 of the Eevised Statutes of 1889. The corn was thereafter sold at plaintiffs’ execution sale; they became the purchasers of it, and it was delivered to them by the constable. They removed part of the corn, but left…
2Cases cited2 opinions
- Peckham v. Lindell Glass Co.Missouri Court of Appeals · 1881
- McMahill v. WalkerMissouri Court of Appeals · 1886
3Cited by1 opinion
- Appleman v. American Sporting Goods Co.Missouri Court of Appeals · 1895