Hennig v. Staed
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon, P. R, Flitcraft, Judge. (1) Section 4911 of the Revised Statutes of Missouri of 1889, upon which respondents predicate their claims, is unconstitutional and void, in that it sanctions the taking of private property without due process of law. Const. U. S., 14 Am., sec. 1; Bill of Rights, art. 2, sec. 30; Clark v. Broivn, 25 Mo. 563; Holland v. Depriest, 56 Mo.
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Appeal from St. Louis City Circuit Court. — Hon, P. R, Flitcraft, Judge. (1) Section 4911 of the Revised Statutes of Missouri of 1889, upon which respondents predicate their claims, is unconstitutional and void, in that it sanctions the taking of private property without due process of law. Const. U. S., 14 Am., sec. 1; Bill of Rights, art. 2, sec. 30; Clark v. Broivn, 25 Mo. 563; Holland v. Depriest, 56 Mo. App. 516; Hicks v. Schofield, 121 Mo. 381; Bussell v. Grant, 122 Mo. 161. (2) The section in question is an amendment to the execution law, and so far as its terms apply to seizures under…
1Opinion of the CourtMacearlane, J.
On the tenth day of November, 1894, the Continental National Bank commenced a suit by attachment against the A. Siegel Gas Fixture Company to recover judgment on notes exceeding $19,000. Under a writ of attachment in the cause the property of said company was levied upon and, under an order of the court, was sold for about $10,000.
*432Within ten days after the levy upon the property the respondents herein, John A. Hennig and eighteen other persons, each presented to the appellant, then "sheriff of the city of St. Louis, who had charge of the property, a written statement, under oath, showing that…
2Cases cited3 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Jones v. DriskillSupreme Court of Missouri · 1887
- Winslow v. UrquhartWisconsin Supreme Court · 1875
3Cited by4 opinions
- O'Connor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Borough of Williamsburg v. BottenfieldSuperior Court of Pennsylvania · 1926
- State v. KellmannSupreme Court of Missouri · 1938
- Estate of Strom v. StromMissouri Court of Appeals · 1908