State ex rel. McMahan v. Hamilton
Supreme Court of Missouri
ERROR to Boone-Circuit Court. The plaintiff contends to reverse t'he judgment, 1st. That the bond, judgment, execution and default of the sheriff, are fully proven. 2nd.
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ERROR to Boone-Circuit Court. The plaintiff contends to reverse t'he judgment, 1st. That the bond, judgment, execution and default of the sheriff, are fully proven. 2nd. The return on the execution shows a failure to take the body; it was his -duty to sieze the body; the excuse offered is no legal justification; the sheriff had no right to judge of the sufficiency of the defendant’s discharge under the bankrupt law; it was a legal writ, from a competent court, and the sheriff was justified in arresting. 6 Bacon, 1*65, 166, 168; 18 J. R. 52; 1 Wend. 32. And if -he returns matter in -excuse of…
1Opinion of the CourtNapton, J.
This was a suit upon the bond of Hamilton, sheriff of Boone county, *786instituted in favor of McMahan and Huston for not arresting the body of one Jesse B. Dale, against whom they had an execution. The breach assigned, is, “that said Hamilton did not for want of sufficient goods and chattels, lands and tenements of Dale, whereon to levy and make the debt and costs in the writ, take the body of Dale, although Dale was in the county of Boone, and then and there to be found.” The defendants pleaded non est factum, and nil debit, and also gave notice of special matter of defence. The plaintiff gave…
2Cited by11 opinions
- McCormick v. McCormickSupreme Court of Kansas · 1910
- Tucker v. LeonardSupreme Court of Oklahoma · 1919
- Becraft v. LewisMissouri Court of Appeals · 1890
- Cole v. LafontaineIndiana Supreme Court · 1882
- Johnson v. Stebbins-Thompson Realty Co.Supreme Court of Missouri · 1902
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