Henman v. Westheimer
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The constable had no right or lawful authority to tamper with the writ or summons issued by the justice. Even the justice who issued the writ could not make such a change after it left his hands. Trigg v. Ross, 35 Mo. 165; 1 Freeman on Executions (3 Ed.), sec. 47; Cope v. Snider, 99 Mo.
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Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The constable had no right or lawful authority to tamper with the writ or summons issued by the justice. Even the justice who issued the writ could not make such a change after it left his hands. Trigg v. Ross, 35 Mo. 165; 1 Freeman on Executions (3 Ed.), sec. 47; Cope v. Snider, 99 Mo. App. 498. (2) Where a mode of acquiring jurisdiction differing from that of the common law is prescribed by statute, nothing less than an exact and rigid compliance with that statute will confer jurisdiction. Harness v. Cravens, 126 Mo. 233;…
1Opinion of the CourtBroaddus, P. J.
— This is a proceeding by injunction to retain defendants from selling certain real estate under execution.
The defendants had obtained judgment against Michael Henman before a justice of the peace, which judgment, upon certificate of the constable that no personal property of defendant could be found, was certified as usual under the statute; whereupon, the clerk of the circuit court issued an execution which was placed in the hands of the sheriff, one of the defendants herein who levied upon certain land of plaintiff which the latter had purchased from said Michael Henman after said judgment…
2Cases cited20 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Clark v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1873
- Mason v. BlackSupreme Court of Missouri · 1885
- Harrington v. UtterbackSupreme Court of Missouri · 1874
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3Cited by11 opinions
- State Ex Rel. Ballew v. HawkinsMissouri Court of Appeals · 1962
- State Ex Rel. Craig v. GrimmMissouri Court of Appeals · 1976
- State ex rel. Ratliff v. MorantMissouri Court of Appeals · 1954
- Hometown Lumber & Hardware, Inc. v. KoellingSupreme Court of Missouri · 1991
- Coatsworth Lumber Co. v. OwenMissouri Court of Appeals · 1915
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