State ex rel. Moutrey's Administrator v. Muir
Supreme Court of Missouri
Error to Jackson Circuit Court. This suit bas heretofore been before this court. (See report of the decision of Supreme Court, 20 Mo. 308.) It appears that after the money had been collected by the constable on the execution, and before the return day of the writ, it was demanded by the plaintiffs in the execution, Moutrey’s administrators ; and the court below, in the present suit, gave judgment against the constable’s securities for the amount collected and for interest on…
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Error to Jackson Circuit Court. This suit bas heretofore been before this court. (See report of the decision of Supreme Court, 20 Mo. 308.) It appears that after the money had been collected by the constable on the execution, and before the return day of the writ, it was demanded by the plaintiffs in the execution, Moutrey’s administrators ; and the court below, in the present suit, gave judgment against the constable’s securities for the amount collected and for interest on the same at the rate of one hundred per cent, per annum from the time of the demand. cited R. C. 1845, tit. Constables,…
1Opinion of the CourtScott, Judge
The only points of any interest in this case are those in relation to the rate of interest to be allowed, the time from which it is to be calculated, and the costs. The statute gives very heavy damages by way of interest against a constable for failing in the discharge of his duties in relation to the service of an execution. The instances are specially enumerated in which the hundred per cent, per annum may be recovered. Among them is not to be found a failure to pay over money collected on an execution on demand being made before the return day of the writ. The law authorizes the constable,…
2Cases cited2 opinions
- Pollock v. HudgensSupreme Court of Missouri · 1848
- State ex rel. Poor v. SteelSupreme Court of Missouri · 1848
3Cited by1 opinion
- State ex rel. McDonald v. LangdonSupreme Court of Missouri · 1874