Maryville National Bank v. Snyder
Missouri Court of Appeals
Appeal from 'the Nodaway Circuit Court. — Hon. J. B. Newman} Special Judge. (1) If the writ was void, Snyder, the constable, was a trespasser ab initio and can not shield himself behind Miller, between whom and Snyder there is no privity. “The constable could not acquire as against the owner, any special property in the goods” (mare and colt) of a stranger to the suit by the mere fact of levying upon them.
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Appeal from 'the Nodaway Circuit Court. — Hon. J. B. Newman} Special Judge. (1) If the writ was void, Snyder, the constable, was a trespasser ab initio and can not shield himself behind Miller, between whom and Snyder there is no privity. “The constable could not acquire as against the owner, any special property in the goods” (mare and colt) of a stranger to the suit by the mere fact of levying upon them. He could not acquire any special property therein, as against the real owner, by virtue of his trespass against the property. Carroll v. Erank, 28 Mo. App. 70. If nothing is equal to…
1Opinion of the CourtEllison, J.
— This is an action of replevin for some blooded horses. Plaintiff claimed title through a chattel mortgage. Defendant is a constable and claimed to be in possession and to have a right to the possession by reason of a judgment rendered by a justice of the peace enforcing an agister’s lien. The verdict of the jury found that defendant had an interest in a mare called Isabella in the sum of $27 5 and in her colt in the sum of $100, with interest on both amounts, making a total of $384.40. Plaintiff appealed.
The facts and contentions of the parties to this controversy are somewhat complicated.…
2Cases cited6 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Hickman v. DillMissouri Court of Appeals · 1888
- Kennedy v. DodsonMissouri Court of Appeals · 1891
- Moore v. CarrMissouri Court of Appeals · 1896
- Updyke v. WheelerMissouri Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Silsby v. WickershamMissouri Court of Appeals · 1913
- Sanders v. BrooksMissouri Court of Appeals · 1946