City of St. Louis v. Smith
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction. ■ — Hon. Wilson A. Taylor, Judge. The return simply states, “Executed the within writ in the city of St. Louis on this 26th day of October, 1906.” The name of the appellant is not mentioned, nor any statement whatever as to how it was executed.
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Appeal from St. Louis Court of Criminal Correction. ■ — Hon. Wilson A. Taylor, Judge. The return simply states, “Executed the within writ in the city of St. Louis on this 26th day of October, 1906.” The name of the appellant is not mentioned, nor any statement whatever as to how it was executed. There is nothing to show that this appellant was ever advised in any way that a writ of scire facias had been issued against him before the police justice undertook to render a judgment against him; and the statement in the purported record that the writ was executed “by delivering a true copy” to…
1Opinion of the Court
BROWN, C.
— The record in this case is the same so far as it affects any question in issue in this appeal, as the record in the case of City of St. Louis v. Harry Young and Henry Henning, reported at page 44 of this Report, with the exception that the only return upon the writ in this case is as follows:
' “Executed the within writ in the city of St. Louis on this 26th day of October, 1906. After due and diligent search by the marshal, the within .named Charles Smith could not be found in the city of St. Louis. ' “Geo. P. Weinbrenner, City Marshal;
“By J. Hillman, Deputy City Marshal.”
The…
2Cases cited1 opinion
- State v. AbelSupreme Court of Missouri · 1902
3Cited by1 opinion
- State v. SalisburySupreme Court of Missouri · 1954