State ex rel. Fowler v. Chaney
Court of Appeals of Kansas
Appeal from the Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) It was the constable’s duty to obey the writ and not to decide the rights of property.
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Appeal from the Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) It was the constable’s duty to obey the writ and not to decide the rights of property. State ex rel. v. Lang don, 57 Mo. 353 ; State ex rel. ». Koontz, 83 Mo. 323. (2) It is only where the husband has absconded or absented himself from his place of abode in this state — his family residence — that his wife may make claim under Revised Statutes, section 2348. This claim she makes not for herself, but for her husband, i. e., for the head of the family, who, if present, by virtue of sections 2343 and 2346, would be entitled…
1Opinion of the CourtGill, J.
— This is an action on a constable’s official bond for damages occasioned relator by releasing attached property after the same had been levied upon by the constable. The facts, briefly stated, are about as follows:
Plaintiff Fowler brought suit by attachment before a justice of the peace in Hickory county, Missouri, against one Barney Pitts, for the sum of one hundred and fifty dollars, the ground of attachment being that said Pitts was a non-resident of the state. Upon the writ of attachment the constable, defendant Chaney, seized the twenty head of cattle, in controversy, as the property of…
2Cases cited2 opinions
- Steele v. LeonoriMissouri Court of Appeals · 1888
- State ex rel. Schnerr v. LaiesSupreme Court of Missouri · 1870
3Cited by6 opinions
- Martin v. BarnettMissouri Court of Appeals · 1911
- Stein v. BurnettMissouri Court of Appeals · 1891
- State ex rel. Fowler v. ChaneyMissouri Court of Appeals · 1892
- J. Thomas & Son v. BrownMissouri Court of Appeals · 1913
- Bank of Liberal v. RedlingerMissouri Court of Appeals · 1902
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