Harrison v. Hance
Supreme Court of Missouri
Error to Phelps Circuit Court. Plaintiff asked the following instructions, to-wit: 1. The court instructs the jury, that a constable is liable on his bond if he fail to make return of execution according to the command thereof, and is also liable if he makes a false return. 2. The court further instructs the jury that if they believe from the evidence that at any time while defendant had the execution in controversy, Thomas Ray had property amounting to ®150.00 in value, or…
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Error to Phelps Circuit Court. Plaintiff asked the following instructions, to-wit: 1. The court instructs the jury, that a constable is liable on his bond if he fail to make return of execution according to the command thereof, and is also liable if he makes a false return. 2. The court further instructs the jury that if they believe from the evidence that at any time while defendant had the execution in controversy, Thomas Ray had property amounting to ®150.00 in value, or upwards, they will find for the plaintiff the amount of his demand, with interest. 3. That any material allegation in…
1Opinion of the CourtWagner, Judge
This was a suit on a constable’s bond. The petition, among other things, avered that Harrison obtained a judgment before a justice of the peace against one Ray, and that execution issued thereon, which was placed in the hands of Hance, as constable, and that he refused and neglected to levy the same upon the property of Ray, and that Ray had sufficient personal property out of which to satisfy the said execution.
The answer denied that Ray had sufficient property whereon to levy the execution and make the money to satisfy the same. Evidence was introduced by the plaintiff tending to show that,…
2Cases cited2 opinions
- Hardy v. StateSupreme Court of Missouri · 1842
- Mahan v. ScruggsSupreme Court of Missouri · 1860
3Cited by5 opinions
- In Re School-Law ManualSupreme Court of New Hampshire · 1885
- State v. KirkSupreme Court of Iowa · 1914
- Sheary v. Hallock's of Middletown, Inc.Supreme Court of Connecticut · 1962
- Bouton-Perkins Lumber Co. v. HustonWashington Supreme Court · 1914
- State v. McCoilSouth Dakota Supreme Court · 1935