St. Louis, Alton & Chicago Railroad v. Castello
Supreme Court of Missouri
Appeal from St. Louis Cowt of Common Pleas. This was an action in the nature of an action of replevin to recover possession of personal property in possession of defendant.
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Appeal from St. Louis Cowt of Common Pleas. This was an action in the nature of an action of replevin to recover possession of personal property in possession of defendant. The defendant set up in his answer that, as sheriff of St. Louis county, he had levied upon the property'in question under and by virtue of an execution issued under a judgment in the case of Farrell v. Chicago and Mississippi Eailroad Company; that the plaintiff in this suit made claim thereto pursuant to the sheriff’s and marshal’s act of March 3, 1855; that the plaintiff, Farrell, thereupon executed an indemnification…
1Opinion of the CourtNapton, Judge
This case was determined by the court of common pleas upon the construction of the act of March 3, 1855, (Sess. Acts, 1855, p. 464,) settled by this court in Bradley v. Hol*126loway, 28 Mo. 160. It is contended that the exemption from liability, secured by the act to the sheriff in certain contingencies, should be limited to actions of trespass, and that his liability to an action of replevin for the recovery of the specific property was intended to be left as it was before the passage of the act. In the case of Bradley v. Holloway, the action was replevin, and it was not thought that any…
2Cases cited1 opinion
- Stillwell v. TempleSupreme Court of Missouri · 1859
3Cited by3 opinions
- Dodd v. ThomasSupreme Court of Missouri · 1879
- State ex rel. Little v. DonnellyMissouri Court of Appeals · 1881
- Fergusson v. ComfortMissouri Court of Appeals · 1916