State ex rel. Kansas City National Bank v. Boothe
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hon. Samuel L. Sawyer, Judge. Tbe money in tbe hands of tbe sheriff’, tbe proceeds of tbe attached property, was held by him in all respects as tbe property itself would have been, bad it remained in specie, and was, therefore, subject to tbe execution. Snead v. Wigman, 27 Mo. 126; Oeters v. Ahle, 31 Mo. 383. After the dissolution of the attachment, the sheriff held the money in his hands as the bailee of Whitney, the owner.
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Error to Jackson Circuit Court. — Hon. Samuel L. Sawyer, Judge. Tbe money in tbe hands of tbe sheriff’, tbe proceeds of tbe attached property, was held by him in all respects as tbe property itself would have been, bad it remained in specie, and was, therefore, subject to tbe execution. Snead v. Wigman, 27 Mo. 126; Oeters v. Ahle, 31 Mo. 383. After the dissolution of the attachment, the sheriff held the money in his hands as the bailee of Whitney, the owner. No order of court was necessary to ascertain or identify the money, or the amount, or the ownership. It was his duty to turn it over to…
1Opinion of the CourtHenry, J.
— On the 13th day of May, 1873, the Kansas City National Bank instituted a suit by attachment against Whitney & Clark. The sheriff, Boothe, the defendant, levied the attachment on personal property belonging to said Whitney, which, by order of the court, was on the 21st day of June, 1873, sold as perishable property under the statute, sec. 27, p. 187, and the proceeds of sale, $491.20, were deposited by Boothe in a bank to his credit on general account. On the 27th day of March, 1874, the attachment was dissolved, and a'judgment rendered by the court in favor of the bank for $2,118.24, on…
2Cases cited5 opinions
- Langdon v. RaifordSupreme Court of Alabama · 1852
- First v. MillerCourt of Appeals of Kentucky · 1816
- Adams v. LaneSupreme Court of Vermont · 1866
- Dawson v. HolcombOhio Supreme Court · 1824
- State ex rel. Wilson v. TaylorSupreme Court of Missouri · 1874
3Cited by3 opinions
- Homes v. CorbinMissouri Court of Appeals · 1886
- In re StaedSupreme Court of Missouri · 1893
- Hooker v. WigginsSupreme Court of Florida · 1932