Hicks v. McCown
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Eon J. O. Sheppar d, Judge. (1) The court erred in sustaining plaintiff’s motion for judgment upon the pleadings. Revised Statutes 1899, secs. 2683, 2774, 2780, 2790, 2828, 4032,. 604; State v. Latshaw, 63 Mo. App. 498; Musser v. Harwood, 23 Mo. App. 495; Bailey v. Winn, 113 Mo. 155; Ex parte Kiburg, 10 Mo. App. 442; State v. Barker, 63 Mo.
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Appeal from Butler Circuit Court. — Eon J. O. Sheppar d, Judge. (1) The court erred in sustaining plaintiff’s motion for judgment upon the pleadings. Revised Statutes 1899, secs. 2683, 2774, 2780, 2790, 2828, 4032,. 604; State v. Latshaw, 63 Mo. App. 498; Musser v. Harwood, 23 Mo. App. 495; Bailey v. Winn, 113 Mo. 155; Ex parte Kiburg, 10 Mo. App. 442; State v. Barker, 63 Mo. App. 535; Ex parte Barker, 106 Mo. 551; State v. Butler, 191 Mo. 201; Gibson v. Mozier, 9 Mo. 256; Sterne Co. v. Mason, 16 Mo. App. 473; Pugh v. Williamson, 61 Mo. App. 165. ' (2) The general rule is that every judicial…
1Opinion of the CourtNixon, P. J.
Respondent was tried in a justice’s court for a misdemeanor and fined one dollar, which carried the costs of the prosecution, and upon which the justice rendered judgment. On that judgment, the justice issued an execution and directed the same to the sheriff of Butler county, Missouri, commanding him to levy the said fine and costs on the goods and chattels of George W. Hicks. Acting under the commands of this execution, the defendant, W. R. Buster, as deputy sheriff under T. D. MeCown, sheriff, levied upon two mules as the property of Hicks. Subsequent to the levy of said, execution, Hicks…
2Cases cited4 opinions
- Citizens' National Bank v. GrahamSupreme Court of Missouri · 1898
- State ex rel. McPherson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1904
- State ex rel. Sanks v. JohnsonMissouri Court of Appeals · 1909
- Betterton v. O'DwyerMissouri Court of Appeals · 1907
3Cited by1 opinion
- Miller v. MacFarlaneSupreme Court of Connecticut · 1922