State ex rel. Knapp, Stout & Co. v. Finn
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daeiel Dillon, Judge. The report which, the sheriff makes under such orders of sale is like Ms return on an order of sale in a partition case, or on an execution, or any other process of court. And when such return is made, the statute of limitation is put in motion. Th,e State ex rel. v. Lidwell, 11 Mo.
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Appeal from the St. Louis Circuit Court, Daeiel Dillon, Judge. The report which, the sheriff makes under such orders of sale is like Ms return on an order of sale in a partition case, or on an execution, or any other process of court. And when such return is made, the statute of limitation is put in motion. Th,e State ex rel. v. Lidwell, 11 Mo. App. 567; Kirie «•. Sportsman, 48 Mo. 383. It appearing that the money was received during the running of the previous bond, and that the money was not ou hand when the second bond was executed, the securities on the second bond are not liable. The…
1Opinion of the CourtRome Auer, J.
This cause was heretofore before this court, and its opinion on the former appeal is reported, in 19 Mo. App. 560. When the cause was remanded, the plaintiff with'drew its demurrers to the defendants’ answers, setting up the statute of three years limitation, and filed a general reply to such answers.
The following facts appeared in evidence on the retrial of the cause. The defendant, Finn, was elected sheriff of the city of St. Louis for a term of two years in November, 1878. On the twenty-first of November, 1878, *292he gave bond as such sheriff. On the twenty-ninth of November, 1879, he was…
2Cases cited11 opinions
- State ex rel. Smith v. Paul'sSupreme Court of Missouri · 1855
- State ex rel. Buchanan County v. SmithSupreme Court of Missouri · 1858
- State ex rel. Southern Bank v. AthertonSupreme Court of Missouri · 1867
- Lesem v. NealSupreme Court of Missouri · 1873
- State ex rel. Knapp, Stout & Co. v. FinnMissouri Court of Appeals · 1885
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3Cited by4 opinions
- Brockway v. PettedMichigan Supreme Court · 1890
- State ex rel. Chatham National Bank v. FinnSupreme Court of Missouri · 1889
- Roberts v. Board of County CommissionersWyoming Supreme Court · 1899
- Sutton v. StevensMissouri Court of Appeals · 1890