State ex rel. Fleming v. Henderson
Missouri Court of Appeals
Error to the Cole Circuit Court. — Hon. T. B. Robinson, Judge. • (1) In this case relator made claim to property levied on as required by section 492Y, Revised Statutes 1889. Sheriff ignored the claim, failed to give notice to execution creditor or take bond as required. lie did not attempt a compliance with statutes. Relator sues for failure to comply with statute; defendants give no excuse for not doing so.
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Error to the Cole Circuit Court. — Hon. T. B. Robinson, Judge. • (1) In this case relator made claim to property levied on as required by section 492Y, Revised Statutes 1889. Sheriff ignored the claim, failed to give notice to execution creditor or take bond as required. lie did not attempt a compliance with statutes. Relator sues for failure to comply with statute; defendants give no excuse for not doing so. Under these circumstances relator was entitled to judgment, and the instructions given at defendant’s instance -was error'. The claim of relator, ipso facto3 arrested the execution. R.…
1Opinion of the CourtSmith, P. J.
The defendant was at the time hereinafter mentioned sheriff of Cole county, and the other defendant was surety on his official bond as such sheriff. This is an action by the relator against said sheriff and his surety to recover damages on account of an alleged breach of the conditions of said official bond.
It is alleged in the petition, amongst other things, that the defendant sheriff had in his hands an execution in favor of I. N. Enloe and against W. J. Fleming; that defendant sheriff on September 1, 1899, levied said execution upon and took from the possession of relator a certain horse…
2Cases cited7 opinions
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Marshall v. Thames Fire InsuranceSupreme Court of Missouri · 1869
- State v. BrooksSupreme Court of Missouri · 1889
- Thomas v. RamseyMissouri Court of Appeals · 1891
- Bartholow v. CampbellSupreme Court of Missouri · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Oil Well Supply Co. v. MetcalfMissouri Court of Appeals · 1913
- Stoff v. SchuetzeSupreme Court of Missouri · 1922
- P. M. Bruner Granitoid Co. v. Glencoe Lime & Cement Co.Missouri Court of Appeals · 1912
- Franklin Bank v. International Hospital Equipment Co.Missouri Court of Appeals · 1925
- McCloud v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.