Dillon v. Rash
Supreme Court of Missouri
Error to Atchison Circuit Cowrt. A judgment was rendered by a justice of the peace against one Rasb. On the 2d of March, 1858, an execution was issued by said justice on said judgment. On or about the 27th of March, the constable returned said execution endorsed “ no goods and chattels found,” &c.
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Error to Atchison Circuit Cowrt. A judgment was rendered by a justice of the peace against one Rasb. On the 2d of March, 1858, an execution was issued by said justice on said judgment. On or about the 27th of March, the constable returned said execution endorsed “ no goods and chattels found,” &c. On said 27th of March, an execution issued from the office of the clerk of the Atchison circuit court upon a transcript of the said judgment, returnable to the April term, 1858, of said court. This execution was levied on certain real estate of defendant Rash, who moved the court to quash said…
1Opinion of the CourtScott, Judge
The conduct of the plaintiffs in this proceeding has very much the appearance of a design to deprive the defendant of an advantage secured to him by law, and we see no reason why they should not have been arrested in their course. The *244law was made as well for defendants as for plaintiffs. Whilst it does justice to the creditor, it also intended to show a little indulgence to the debtor.
It is well known that the periods between the date and return of executions in justices’ courts were fixed with a view to give defendants a little time to prepare for their payment. Formerly, all executions…
2Cited by14 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- Cummings v. BrownSupreme Court of Missouri · 1904
- Johnson v. LattaSupreme Court of Missouri · 1884
- Passow & Sons v. United States Fidelity & Guaranty Co.California Supreme Court · 1917
- Marks v. HardySupreme Court of Missouri · 1885
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