Wiles v. Maddox
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was an action instituted by Peter Wiles against Turner Maddox, sheriff of St. Louis county, to recover possession of two mules alleged to have been wrongfully seized and taken away by the defendant. A delivery bond was given in behalf of defendant.
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Error to St. Louis Court of Common Pleas. This was an action instituted by Peter Wiles against Turner Maddox, sheriff of St. Louis county, to recover possession of two mules alleged to have been wrongfully seized and taken away by the defendant. A delivery bond was given in behalf of defendant. The answer traversed plaintiff’s ownership, and alleged that defendant, as sheriff, seized and sold said mules as the property of D. J. & N. Childs, jr., in obedience to the command of several executions in his hands against said D. J. & N. Childs, jr. At the trial the plaintiff proved that on and…
1Opinion of the CourtNapton, Judge
This action can not, in our opinion, be maintained. It is an action of replevin against the sheriff for levying an execution against N. Childs, jr., upon the partnership property of D. J. & N. Childs, jr. In law the right to levy an execution against one of two partners upon the partnership effects is recognized with great uniformity both in England and in this country. In New Hampshire a different opinion has prevailed, and there may be cases elsewhere in which the principle has been modified or denied; but in England the common law courts have constantly maintained the right to levy in such…
2Cited by16 opinions
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- Felt v. CleghornColorado Court of Appeals · 1892
- Hershfield v. Horace B. Claflin & Co.Supreme Court of Kansas · 1881
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