Metzner v. Graham
Supreme Court of Missouri
Appeal from Linn County Court of Common Pleas. I. It is said that “whenever property lias been seized by an officer of the court, by virtue of its process, the property is to be considered as in the custody of the court and under its control, for the time being ; and no other court has a right to interfere with that possession, unless it be some court which may have a direct supervisory control over the court whose process has first taken possession, or some superior…
Read the full summary
Appeal from Linn County Court of Common Pleas. I. It is said that “whenever property lias been seized by an officer of the court, by virtue of its process, the property is to be considered as in the custody of the court and under its control, for the time being ; and no other court has a right to interfere with that possession, unless it be some court which may have a direct supervisory control over the court whose process has first taken possession, or some superior jurisdiction in the premises. (Buck vs. Colbath, 3 Wal., 341; Hagan vs. Lucas, 10 Pet., 400; Taylor vs. Oarryl, 20 How., 585 ;…
1Opinion of the CourtVories, Judge
This suit was commenced in the Common Pleas Court in Livingston county, and afterwards taken to, and tried in the Linn County Court of Common Pleas, by an agreement between the parties.
The facts of the case appear to be as follows : Artemus N. Smith, and one John A. Ewing, just before and up to the fifteenth day of October, 1870, were partners engaged in the business of selling different kinds of agricultural implements in Livingston county, Missouri, at which time they dissolved their partnership, the said Ewing selling out to the said Smith his entire interest in the implements and goods on…
2Cases cited3 opinions
- Stanley v. BunceSupreme Court of Missouri · 1858
- Brooks v. WimerSupreme Court of Missouri · 1855
- Billingsley's Administrator v. BunceSupreme Court of Missouri · 1859
3Cited by20 opinions
- State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
- Mohr v. LanganSupreme Court of Missouri · 1901
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Beekman Lumber Co. v. Acme Harvester Co.Supreme Court of Missouri · 1908
- Bates County National Bank v. OwenSupreme Court of Missouri · 1883
15 more not listed; retrieve them via the Exa API.