State ex rel. Glendon v. Harrington
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. Suppose it be conceded that under section 2347, Revised Statutes, 1879, it was the duty of the sheriff to notify the relator of his right of exemption and selection, yet if the relator, after a levy upon his interest in real estate, claimed his exemption therein, it can no longer be contended that such defendant is damaged by reason of the failure of the officer to so notify him, but his claim to…
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. Suppose it be conceded that under section 2347, Revised Statutes, 1879, it was the duty of the sheriff to notify the relator of his right of exemption and selection, yet if the relator, after a levy upon his interest in real estate, claimed his exemption therein, it can no longer be contended that such defendant is damaged by reason of the failure of the officer to so notify him, but his claim to damages must be restricted to the invasion of his right of exemption and his deprivation of the property so exempt.…
1Opinion of the CourtThompson, J.
This action is brought against the sheriff of the city of St. Louis, and the sureties on his official bond, to recover damages for the conversion of the plaintiff’s interest in certain real estate exempt under the provisions of section 2346, Revised Statutes. This statute is as follows: “Each head of a family, at his election, in lieu of the property mentioned in the first and second subdivisions of section two thousand three hundred and forty-three may select and hold, exempt from execution, any other property, real, personal or mixed, or debts and wages, not exceeding in value the amount of…
2Cases cited6 opinions
- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
- Paddock v. LanceSupreme Court of Missouri · 1887
- State ex rel. Codding v. FinnMissouri Court of Appeals · 1880
- Brown v. HoffmeisterSupreme Court of Missouri · 1880
- State ex rel. Lalley v. CarrollMissouri Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Snider v. BierwirthMissouri Court of Appeals · 1892