Pollock v. Hudgens
Supreme Court of Missouri
APPEAL FROM CIRCUIT COURT OF HOLT COUNTY. The only question in this case is whether appellee was entitled to recover the aforesaid interest upon the amount of his execution. The record sho-ws that the appellant excepted to the opinion, of the court below in giving said instruction, and also in overruling his motion for a new trial.
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APPEAL FROM CIRCUIT COURT OF HOLT COUNTY. The only question in this case is whether appellee was entitled to recover the aforesaid interest upon the amount of his execution. The record sho-ws that the appellant excepted to the opinion, of the court below in giving said instruction, and also in overruling his motion for a new trial. There are three statutes, the constable’s law, Statutes of Mo., 1835, 117, sec. 8; the execution law, Hid. 260, sec. 52, and the law regulating justice’s courts, Hid. 368, sec. 22 ; providing different remedies, and imposing different penalties on officers…
1Concurrence
Scott, judge.
I concur in affirming the judgment, but dissent from that portion of the foregoing opinion which maintains that for a sum less than fifty dollars, suit may be brought on the constable’s bond in the circuit court. There is no reason for subjecting constables and their securities to that more expensive mode of procedure than all others; and the statute is express that the circuit and justice’s courts shall only have concurrent jurisdiction in actions of debt when the sum in dispute exceeds fifty, and is less than one hundred and fifty dollars. The opinion is moreover opposed by the…
2Cases cited1 opinion
- State ex rel. Poor v. SteelSupreme Court of Missouri · 1848