State ex rel. Lewis v. Barnett
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. John P. Strother, Judge. (1) It was error to sustain tlie plaintiff’s motion for judgment on tbe answer. The answer set up a good defense to plaintiff’s petition. (2) The wages were exempt, under either Revised Statutes, section 2346, or section 2519. State v. Bearner, 73 Mo. 37. (3) It was the duty of the constable to protect the exemption rights of the defendant Mitchell, both as to property levied upon and debt garnished.
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Appeal from Pettis Circuit Court. — Hon. John P. Strother, Judge. (1) It was error to sustain tlie plaintiff’s motion for judgment on tbe answer. The answer set up a good defense to plaintiff’s petition. (2) The wages were exempt, under either Revised Statutes, section 2346, or section 2519. State v. Bearner, 73 Mo. 37. (3) It was the duty of the constable to protect the exemption rights of the defendant Mitchell, both as to property levied upon and debt garnished. State ex rel. v. Barada, 57 Mo. 562 ; Thompson on H. and Ex. sec. 861. (4) It was not too late for Mitchell to claim his rights.…
1Opinion of the CourtShekwood, J.
Action on the official bond of the defendant Barnett, as constable, his sureties being joined as co-defendants. The breach of the bond assigned in the concluding portions of the petition is as follows : “ For breach of said bond plaintiff states that at the times hereinafter mentioned defendant Barnett was constable of .Sedalia township as aforesaid, and plaintiff states that on the eleventh day of October, *1371882, an execution in the sum of one hundred dollars ($100.00) in favor of said Henry Lewis, and against the Missouri Pacific Railway Company, was issued by J. R. Webber, then one of…
2Cases cited4 opinions
- State ex rel. Conklin v. BaradaSupreme Court of Missouri · 1874
- State ex rel. Reagan v. RomerSupreme Court of Missouri · 1869
- State ex rel. Garrett v. FarmerSupreme Court of Missouri · 1855
- State ex rel. Tilden v. BeamerSupreme Court of Missouri · 1880
3Cited by6 opinions
- State ex rel. Bellemere v. O'NeillMissouri Court of Appeals · 1899
- Dancer v. ChenaultMissouri Court of Appeals · 1975
- Eisenberg v. Northwestern Turn & Liederkranz Ass'nMissouri Court of Appeals · 1897
- State ex rel. Snider v. BierwirthMissouri Court of Appeals · 1892
- Pacific Finance Loans, Inc. v. RichardsonMissouri Court of Appeals · 1967
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