State ex rel. Beckwith v. Finn
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Host. W. H. Horner, Judge. (1) Tbe returns made by tbe defendant Finn to tbe executions were not conclusive in bis favor with respect to tbe amount of money received or tbe application of tbe proceeds.
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Appeal from St. Louis City Circuit Court.—Host. W. H. Horner, Judge. (1) Tbe returns made by tbe defendant Finn to tbe executions were not conclusive in bis favor with respect to tbe amount of money received or tbe application of tbe proceeds. Townsend v. Olin, 5 Wend. 207; Browning v. Hanford, 7 Hill, 120; 5 Denio, 586; Decker v. Armstrong, 87 Mo. 316. (2) In proceedings directly against tbe sheriff, bis return is never more than prima facie evidence. 2 Phillips on Evidence, 370 (Hill & Cowen’s Notes) 383; Chamberlain v. Brewer, 3 Bush. 561; Spiorling v. Levy, 1 Daly, 95; Grant v. Harris, 16…
1Opinion of the CourtBlack, J.
This is a suit upon the official bond of defendant Finn as sheriff of the city of St. Louis.
There are two counts in the petition, each relating to different property and to different executions. The pleadings, proofs and rulings of the court are substantially the same on both counts, so that it will only be necessary to consider the first.
An execution was issued out of th‘e circuit court upon a judgment recovered by the collector for back taxes due upon property designated as lots 1, 2 and 3r The execution was special and directed the sheriff to sell each lot for the payment of the amount of…
2Cited by10 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Smoot v. JuddSupreme Court of Missouri · 1901
- Kerr v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- State v. RoseSupreme Court of Missouri · 1917
- McMahon v. MatthewsCourt of Appeals for the D.C. Circuit · 1919
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