Taylor v. Wimer
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The court erred in finding that the attorney of plaintiffs directed defendant to levy the execution on goods and merchandise “ in the store of Nelson Chamblin.” It does not appear that Chamblin had any interest in the goods in the store pointed out. So also in finding that there was “ sufficient” merchandise “ belonging” to Chamblin to satisfy the execution.
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Appeal from St. Louis Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The court erred in finding that the attorney of plaintiffs directed defendant to levy the execution on goods and merchandise “ in the store of Nelson Chamblin.” It does not appear that Chamblin had any interest in the goods in the store pointed out. So also in finding that there was “ sufficient” merchandise “ belonging” to Chamblin to satisfy the execution. There was no evidence whatever as to the value of the goods ; and it was too slight to justify the finding that they belonged to…
1Opinion of the CourtEwing, Judge
This was an action against the sheriff of St. Louis county for failing to execute a writ of fieri facias, in which the plaintiffs claimed three hundred and sixty-five dollars and twenty-eight cents and interest, the amount of an execution against one Nelson Chamblin, which they allege was lost to them by reason of the failure of the defendant to levy said execution, and which the petitioner avers the defendant was requested to levy on the goods and effects of said Chamblin, which he neglected to do ; and that the same was delivered to his successor, who returned the execution nulla bona.
The…
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