Legal Opinion

State ex rel. Ladd v. Clark

Supreme Court of Missouri

Decided August 15, 1868PublishedCited by 7 opinions

Appeal from Buchanan Circuit Court. The facts material to this case appear sufficiently in the opinion of the court. I. Gen. Stat. 1865, p. 564, § 19, provides as follows: “ Under an attachment the officer shall be authorized to seize as attachable property the defendant’s account-books, accounts, notes, etc., * * * * * as as his other property, real, personal, and mixed, etc., * * * but no property or wages declared by statute to be exempt from execution shall be attached,…

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Appeal from Buchanan Circuit Court. The facts material to this case appear sufficiently in the opinion of the court. I. Gen. Stat. 1865, p. 564, § 19, provides as follows: “ Under an attachment the officer shall be authorized to seize as attachable property the defendant’s account-books, accounts, notes, etc., * * * * * as as his other property, real, personal, and mixed, etc., * * * but no property or wages declared by statute to be exempt from execution shall be attached, except in the case of a non-resident defendant, or a defendant who is about to move out of the State with intent to…

1Opinion of the CourtWagner, Judge

The only question material to be noticed in this court is the sufficiency of the petition. There can be no doubt about the justice of the judgment; and if the plaintiff’s petition contains the requisite and necessary averments, the judgment should be affirmed. The action was based on an official bond, given by the defendant Clark and others, and was conditioned that Clark should faithfully perform the duties of constable of Washington township in Buchanan county.

The breaches assigned were in substance that, before and at the time of committing of the grievances by. the defendant Clark, the…

2Cases cited3 opinions

  1. Sheldon v. ClarkNew York Supreme Court · 1806
  2. Teel v. YellisNew York Supreme Court · 1809
  3. Bennet v. HurdNew York Supreme Court · 1808

3Cited by7 opinions

  1. Farmers Feed Co. v. CommissionerUnited States Board of Tax Appeals · 1928
  2. Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
  3. State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
  4. Russell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
  5. Catron v. LaFayette CountySupreme Court of Missouri · 1891

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