Legal Opinion

Fletcher v. Wear

Supreme Court of Missouri

Decided April 15, 1884PublishedCited by 21 opinions

(1) A justice of the peace has authority to appoint a special deputy under section 2862, Revised Statutes 1879, to execute a writ of attachment. A writ of attachment is “process” authorized by article 3, chapter 44, Revised Statutes 1879, section 2849. Drake on Attachments, § 186; Benton v. Wilkinson, 18 Ver. 186. (2) The service of garnishment in this case was sufficient to give the justice jurisdiction to proceed to hear and determine the issues and render judgment.

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(1) A justice of the peace has authority to appoint a special deputy under section 2862, Revised Statutes 1879, to execute a writ of attachment. A writ of attachment is “process” authorized by article 3, chapter 44, Revised Statutes 1879, section 2849. Drake on Attachments, § 186; Benton v. Wilkinson, 18 Ver. 186. (2) The service of garnishment in this case was sufficient to give the justice jurisdiction to proceed to hear and determine the issues and render judgment. R. S. 1879, § 2520; Quarles v. Porter, 12 Mo. 49. (3) If, however, the execution of the writ of attachment by a special…

1Opinion of the Court

Martin, C.

This suit was originally instituted before a justice of the peace by attachment. The writ of attachment was issued on the 10th day of February, 1880; and J. O. French, the justice before whom the suit was instituted, indorsed on said writ the following: “ At the request and risk of the plaintiff, I authorize Chas. T. Rankin to execute and return this writ. J. O. French, Justice of the Peace.” Said Rankin made the following return: “ Executed this writ by delivering the same to Albert M. Baker, which he read in my presence on the 11th day of February, 1880, and by attaching the…

2Cases cited10 opinions

  1. Norvell v. PorterSupreme Court of Missouri · 1876
  2. Henoch v. ChaneySupreme Court of Missouri · 1875
  3. Haley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
  4. Epstein v. SalorgneMissouri Court of Appeals · 1878
  5. Curry v. WoodwardSupreme Court of Alabama · 1874

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3Cited by21 opinions

  1. Bristol v. BrentUtah Supreme Court · 1909
  2. C. Rallo Contracting Company v. BlongMissouri Court of Appeals · 1958
  3. Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
  4. Fielder v. JessupMissouri Court of Appeals · 1887
  5. Potter v. WhittenMissouri Court of Appeals · 1911

16 more not listed; retrieve them via the Exa API.

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