State ex rel. Fulkerson v. Emmerson
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. Noah M. Gtvan,, Judge. Instruction number two, given for defendant, is as follows : The burden of proof is upon relator to show that' prior to the time said mule was offered for sale by defendant Emmerson, relator claimed it as exempt from execution, and unless relator did so claim said property, and give notice of his claim to defendant Emmerson prior to the time said mule was offered for sale, the jury will find for defendants.
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Appeal from Johnson Circuit Court. — Hon. Noah M. Gtvan,, Judge. Instruction number two, given for defendant, is as follows : The burden of proof is upon relator to show that' prior to the time said mule was offered for sale by defendant Emmerson, relator claimed it as exempt from execution, and unless relator did so claim said property, and give notice of his claim to defendant Emmerson prior to the time said mule was offered for sale, the jury will find for defendants. Instruction number three, asked by plaintiff and refused, is as follows : If relator was the head of a family at the time…
1Opinion of the CourtNorton, J.
This was a suit instituted in the circuit court of Johnson county upon the bond of defendant, Emmerson, as sheriff of said county. The petition contained two counts, in the first of which it is alleged that defendant committed a breach of his bond in seizing and selling a certain mule of plaintiff, by virtue of a fee bill issued by the clerk of the Johnson county circuit court and delivered to said sheriff; that said fee bill was for the fees of said clerk in making out and certifying to the Supreme Court a transcript of the record of a cause tried in said Johnson county circuit court, in…
2Cases cited2 opinions
- State ex rel. Conklin v. BaradaSupreme Court of Missouri · 1874
- State ex rel. Reagan v. RomerSupreme Court of Missouri · 1869
3Cited by21 opinions
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Noyes v. BeldingSouth Dakota Supreme Court · 1894
- Rice v. NolanSupreme Court of Kansas · 1885
- Hinds v. City of MarshallMissouri Court of Appeals · 1886
- Hombs v. CorbinMissouri Court of Appeals · 1889
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