State ex rel. Frank v. Curran
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The sheriff could, and did, execute relators’ writ of attachment sued out of the circuit court, so as to create a valid lien upon the goods in the hands of Constable Curran, under two prior attachments sued out of a justice’s court, which attached to and gave relators a valuable interest in the surplus remaining after the satisfaction of said prior justice attachments and costs.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The sheriff could, and did, execute relators’ writ of attachment sued out of the circuit court, so as to create a valid lien upon the goods in the hands of Constable Curran, under two prior attachments sued out of a justice’s court, which attached to and gave relators a valuable interest in the surplus remaining after the satisfaction of said prior justice attachments and costs. Patterson v. Stephenson, 77 Mo. 334 ; Bates v. Days, 17 Fed. Rep. 169 ; SlaMery v. Jones, 96 Mo. 224. The legislature has provided a…
1Opinion of the CourtBiggs, J.
— This is an action on the official bond of defendant, Patrick J. Curran, formerly constable of the fifth constabulary district of the city of St. Louis. The conditions of the bond were as follows: “Now, if the said Patrick J. Curran will execute all process to him directed and delivered, and pay over all money received by him by virtue of his office, and in every respect discharge all the duties of constable according *145to law, then this obligation shall be void ; otherwise of fall force and effect.” The petition charges as breaches that Curran did not execute all process to him directed and…
2Cases cited4 opinions
- Howard v. ClarkSupreme Court of Missouri · 1869
- State ex rel. Rice v. HarringtonMissouri Court of Appeals · 1887
- Metzner v. GrahamSupreme Court of Missouri · 1877
- Patterson v. StephensonSupreme Court of Missouri · 1883
3Cited by2 opinions
- Palmer-Haworth Logging Co. v. HendersonOregon Supreme Court · 1918
- Allen v. DavisMissouri Court of Appeals · 1893