State ex rel. St. Louis Brewing Ass'n v. Murphy

Relator sues defendant, a constable, on Ms official bond for damages arising from a levy upon and sale by defendant, under a writ of attachment, of certain property claimed by relator under a mortgage. The answer admits the execution of the bond sued on, and the award of a writ of attachment against the mortgagor. It avers that said relator was a party to a fraudulent purpose on the part of the mortgagor to defraud his creditors in the maMng of said instrument. Issue was joined by reply. After hearing the evidence and giving declarations of law, the court, a jury being waived, rendered a…