Sheriff v. Bartholow
Supreme Court of Missouri
Appeal from Washington Circuit Court. — ITon. John B. Robinson, Judge. The instructions asked by defendants, and refused, are as follows: 1. The court declares* the law in this case to be, that to constitute a valid levy upon personal property, as to third persons, there must be an actual seizure or possession of the property by the officer, in such a manner at least, as to be subject to dominion or control; and if the court find from the evidence that neither the sheriff,…
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Appeal from Washington Circuit Court. — ITon. John B. Robinson, Judge. The instructions asked by defendants, and refused, are as follows: 1. The court declares* the law in this case to be, that to constitute a valid levy upon personal property, as to third persons, there must be an actual seizure or possession of the property by the officer, in such a manner at least, as to be subject to dominion or control; and if the court find from the evidence that neither the sheriff, nor any one for him, did at any time prior to the sale by him of the property in question, take such possession or…
1Opinion of the CourtNorton, J.
This is a suit on an indemnifying bond given by defendants to the sheriff of Washington county against all damages and costs which he might sustain in consequence of the seizure and sale of property claimed by plaintiff', Deggendorf, and levied upon in virtue of an execution in the hands of the sheriff in favor of the banking house of Bartholow, Lewis, & Go., and against the Washington Mining & Zinc Company. The property levied upon consisted, among other things, of 150 barrels of oxide of zinc, 98 barrels of which it is alleged were sold under said levy. The suit is prosecuted in the name of…
2Cases cited4 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Bales v. PerrySupreme Court of Missouri · 1873
- Hallowell v. PageSupreme Court of Missouri · 1857
- Bunce v. BeckSupreme Court of Missouri · 1870
3Cited by6 opinions
- Heath v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1884
- Nugent v. CurranSupreme Court of Missouri · 1883
- Cook v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1885
- Griswold v. SundbackSouth Dakota Supreme Court · 1893
- Russell v. BerkstresserSupreme Court of Missouri · 1883
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