St. Louis Dairy Co. v. Sauer
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. The main purpose of the act is to protect the officer from litigation, upon his procuring from the plaintiff in the execution or attachment an indemnity bond upon which the claimant may bring suit. — The State to use v. Lentzinger, 41 Mo. 498; The State v. Platt, 52 Mo. 466 ; Act of 1855 and Amendatory Act of 1859, 2 Rev. Stats. 1554 (Appendix). The claimant may bring suit upon the bond in question, although it is made…
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Appeal from the St. Louis Circuit Court, Thayer, J. The main purpose of the act is to protect the officer from litigation, upon his procuring from the plaintiff in the execution or attachment an indemnity bond upon which the claimant may bring suit. — The State to use v. Lentzinger, 41 Mo. 498; The State v. Platt, 52 Mo. 466 ; Act of 1855 and Amendatory Act of 1859, 2 Rev. Stats. 1554 (Appendix). The claimant may bring suit upon the bond in question, although it is made payable to the officer instead of the state. — The State to use v. Thomas, 17 Mo. 503; The State to use v. Donnelly, 9 Mo.…
1Opinion of the CourtBakewell, J.
This'was an action of replevin for a horse, wagon, and harness. The plaintiff having made the affidavit and given the bond required by law, the property was delivered to him by order of court. The defendant’s answer sets up, that he is a constable of the city of St. Louis, and had levied upon the property as the property of defendant in a certain execution in his hands issued upon a judgment of a justice of the peace against one Cabanné ; that the plaintiff in this action claimed the property under the provisions of the sheriff and marshal’s act of 1855; whereupon the plaintiff in the action…
2Cases cited6 opinions
- Bradley v. HollowaySupreme Court of Missouri · 1859
- State ex rel. West v. ThompsonSupreme Court of Missouri · 1872
- State ex rel. Little v. DonnellyMissouri Court of Appeals · 1881
- Wells & Spring v. EvansNew York Supreme Court · 1838
- State ex rel. White v. Clay CountySupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Burton v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1901
- State ex rel. Spellman v. Parke-Davis & Co.Missouri Court of Appeals · 1915
- Corbin v. LaswellMissouri Court of Appeals · 1892