State ex rel. Goldsall v. Watson
Supreme Court of Missouri
Appeal front St. Louis Circuit Court. This was an action brought on the official bond of William B. Watson, as constable, against him and his securities, for wrongfully levying upon and converting certain property belonging to the plaintiff Goldsall. It appeared in evidence that one Kahn obtained a judgment before a justice of the peace against one Lewis Davis. An execution issued and ■ was placed in the hands of Watson.
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Appeal front St. Louis Circuit Court. This was an action brought on the official bond of William B. Watson, as constable, against him and his securities, for wrongfully levying upon and converting certain property belonging to the plaintiff Goldsall. It appeared in evidence that one Kahn obtained a judgment before a justice of the peace against one Lewis Davis. An execution issued and ■ was placed in the hands of Watson. Watson levied on certain personal property as the property of the defendant Davis. Goldsall verbally informed Watson that he claimed the property as his. Watson then required…
1Opinion of the CourtNapton, Judge
We do not consider it material whether the claim to property levied on under execution is made in conformity to the third section of the act of March 3,1855, or not, if the officer chooses to treat it as a valid claim under the act, and demands and takes of the plaintiff in the execution a sufficient indemnification bond. The fifth section provides that where the officer takes such bond, with good and sufficient security, he shall not be liable to such claimant for any damage or injury sustained by such claimant in consequence of such levy or sale. Although the instruction, upon which the…
2Cited by9 opinions
- Dodd v. ThomasSupreme Court of Missouri · 1879
- Eichelmann v. WeissMissouri Court of Appeals · 1879
- State ex rel. Little v. DonnellyMissouri Court of Appeals · 1881
- State ex rel. Gannett v. JohnsonMissouri Court of Appeals · 1876
- State ex rel. McMurray v. DoanSupreme Court of Missouri · 1866
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