Elliott v. Bowman
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hobneb, J. In order to make a good and valid levy, the sheriff must have the goods and chattels under his view at the time of the levy. Sect. 2357 Rev. Stat. Mo. 1879; Afewman v. Hodlc, 37 Mo. 207; Douglass v. Orr, 58 Mo. 576 ; Gamp v. Chamberlain, 5 Denio 198-202. The mere seizure of the books of account and accounts does not alone operate to transfer the claims absolutely to the attaching creditor.
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Appeal from the St. Louis Circuit Court, Hobneb, J. In order to make a good and valid levy, the sheriff must have the goods and chattels under his view at the time of the levy. Sect. 2357 Rev. Stat. Mo. 1879; Afewman v. Hodlc, 37 Mo. 207; Douglass v. Orr, 58 Mo. 576 ; Gamp v. Chamberlain, 5 Denio 198-202. The mere seizure of the books of account and accounts does not alone operate to transfer the claims absolutely to the attaching creditor. Sects. 416, 427, 428, 429 Rev. Stat. Mo. 1879; State ex rel EiehtenJcam v. Gambs, 68 Mo. 294 Brower y. Smith etal., 17 Wis. 410-412; Swart v. Thomas, 26…
1Opinion of the CourtThompson, J.
The question for decision arises upon the following agreed case : The Samuel Bowman Distilling Company, Gilbert Elliott, assignee of Samuel Marks, and Samuel Bowman, receiver, all of the city of St. Louis, Missouri, being parties to a question of difference, which might be the subject of a civil action, do hereby agree, without action, upon a case containing the facts upon which the controversy depends, and do hereby agree to present a submission of the same to the circuit court, city of St. Louis, Missouri. 1. And the parties hereto-agree that the facts of their case are as follows: That on…
2Cases cited8 opinions
- Newman v. HookSupreme Court of Missouri · 1866
- Douglas v. OrrSupreme Court of Missouri · 1875
- First National Bank v. HughesMissouri Court of Appeals · 1881
- Yeldell v. StemmonsSupreme Court of Missouri · 1852
- Swart v. ThomasSupreme Court of Minnesota · 1879
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3Cited by2 opinions
- Smith v. Sioux City Nursery & Seed Co.Supreme Court of Iowa · 1899
- Kreher v. MasonMissouri Court of Appeals · 1889