Brown v. Hoffmeister
Supreme Court of Missouri
Appeal from Gape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. Defendant, as marshal of the Cape Girardeau common pleas court, held an execution in favor of one Meyers-and against the present plaintiff.
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Appeal from Gape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. Defendant, as marshal of the Cape Girardeau common pleas court, held an execution in favor of one Meyers-and against the present plaintiff. The latter was a practicing lawyer, and owned a library of law books worth $3,000, besides other personal property worth $700. Defendant being about to make a levy, Drown wrote him a letter, in which he gave a list of his books and claimed exemption for all of them, as well as his other property. Defendant, nevertheless, levied upon and sold part of the books. Drown then brought this…
1Opinion of the CourtSherwood, C. J.
The question presented by the record is whether the defendant, an officer, was justifiable in making a levy on and sale of the books of plaintiff, he being a lawyer. Whether the officer could justify under the writ, would, for the most part, depend upon whether the property seized and sold was, under the law, exempt. The 9th section of the act respecting executions, provides that certain property, when owned by the “head of a family,” shall be exempt from execution. 1 Wag. Stat., p. 603, § 9. And the 11th subdivision of that section gives all lawyers the “privilege of selecting such books as…
2Cited by8 opinions
- In Re ShelbyUnited States Bankruptcy Court, W.D. Missouri · 1999
- St. Louis Brewing Ass'n v. HowardSupreme Court of Missouri · 1899
- State ex rel. Monks v. BaconMissouri Court of Appeals · 1887
- State ex rel. Smythe v. KaneMissouri Court of Appeals · 1890
- State ex rel. Bellemere v. O'NeillMissouri Court of Appeals · 1899
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