State ex rel. Ross v. Cave
Supreme Court of Missouri
JJppeal from Monroe Circuit Court. cited 11 Mo. 587; Alexander v. Eberhardt, 35 Mo. 475 ; -Milburn v. State, to use of Ray et ux, 11 Mo. 188 ; Douglas v. Baker, id. 41; State, to use of Sublett et al., v. Melton, 8 Mo. 417; Wilson v. Huston, 4 Bibb, 332.
1Opinion of the CourtCurrier, Judge
This is a suit upon a sheriff’s bond; the plaintiff in his petition assigning as breaches of the condition thereof, the failure of the sheriff to levy and return a special execution according to its command, as also the making of a false return. These alleged breaches the answer denies.
*130At the trial the execution mentioned in the petition was read in evidence, and the court instructed the jury that it was not a special execution requiring the officer in the first instance to levy it upon the premises therein described, and then, if the execution was not satisfied, to levy it upon other…
2Cited by2 opinions
- Edwards v. Boyd Co.Supreme Court of Georgia · 1911
- State ex rel. Parsons Band Cutter & Self Feeder Co. v. McCarthyMissouri Court of Appeals · 1908