State ex rel. Johnson v. True
Missouri Court of Appeals
Appeal from Linn Circuit Court,- Hon. Q-. D. Buegess, Judge. The case is stated in the opinion. I. The court erred in sustaining the demurrer to the petition. The suit was properly brought in the name of the State of Missouri to the use of Samuel E. Johnson, and it was unnecessary to make either the sheriff or Mary E. Johnson a party thereto.
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Appeal from Linn Circuit Court,- Hon. Q-. D. Buegess, Judge. The case is stated in the opinion. I. The court erred in sustaining the demurrer to the petition. The suit was properly brought in the name of the State of Missouri to the use of Samuel E. Johnson, and it was unnecessary to make either the sheriff or Mary E. Johnson a party thereto. The bond sued on was given under the provisions contained in section 2366, 1 Revised Statutes of Missouri, 1879, which provides that when personal property shall be seized by virtue of an execution, any person other than the debtor in the execution may…
1Opinion of the CourtPhilips, P. J.
This is an action on an indemnifying bond given by defendants to the state, for the protection of the sheriff, and the relator and one Mary E. Johnson. The sheriff, under a writ of execution to the use of the defendant, True, levied on certain personal property as the property of the defendant in execution. Notice of adverse claim thereto was given him by the relator and Mary E. Johnson, as tenants in common. Thereupon, pursuant to the provisions of section 2366, Revised Statutes, the said True, with the other defendants, executed to the state a bond to indemnify the' sheriff and said…
2Cases cited3 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- State ex rel. Young v. HesselmeyerSupreme Court of Missouri · 1863
- State ex rel. Johnson v. TrueMissouri Court of Appeals · 1886
3Cited by4 opinions
- Gilliam v. LoebMissouri Court of Appeals · 1908
- Smith ex rel. Cabiness v. WhiteMissouri Court of Appeals · 1892
- State ex rel. Glass v. BeasleyMissouri Court of Appeals · 1894
- Toney v. GoodleyMissouri Court of Appeals · 1894