State ex rel. Holmes v. Dillon
Supreme Court of Missouri
Prohibition. (1) The defendant, Henry F. Harrington, in the court below, was, and now is, the sheriff of the city of St. Louis, Missouri, and in Ms answer admits that he was such sheriff, and that he was in possession of the-goods replevied in his said official capacity, and is a state officer. State ex rel. Ally. Gen. v. McKee, 69 Mo. 504 (s. p. 5081; Stateexrél. r>. Finn, 4 Mo.
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Prohibition. (1) The defendant, Henry F. Harrington, in the court below, was, and now is, the sheriff of the city of St. Louis, Missouri, and in Ms answer admits that he was such sheriff, and that he was in possession of the-goods replevied in his said official capacity, and is a state officer. State ex rel. Ally. Gen. v. McKee, 69 Mo. 504 (s. p. 5081; Stateexrél. r>. Finn, 4 Mo. App. 347 (s. p.. 353). . (2) The St. Louis Court of Appeals has no jurisdiction over appeals when a state officer is a party. Const, of Mo., art. 6, sec. 12; Laws of 1883, sec. 5, p. 215.. (3) The court of appeals…
1Opinion of the Court
Norton, J. —
It appears from the petition that relators brought suit by replevin against Henry F. Harrington in the circuit court of the city of St. Louis, to recover possession of certain goods in Harrington’s possession of the value of §365 ; that Harrington filed his answer denying the right of relators to the possession of the goods, setting up and alleging that he was sheriff, and by virtue of certain writs of attachment, he had levied upon the goods in question as the property of Ellis Leubrie and.others ; that said property was the property of said Leubrie, and that he had a right to…
2Cases cited2 opinions
- Cones v. WardSupreme Court of Missouri · 1871
- State ex rel. Attorney-General v. McKeeSupreme Court of Missouri · 1879
3Cited by30 opinions
- State ex rel. Walker v. BusSupreme Court of Missouri · 1896
- State ex inf. Hadley v. WashburnSupreme Court of Missouri · 1902
- State Ex Inf. McKittrick v. WilliamsSupreme Court of Missouri · 1940
- State ex rel. Blakemore v. RombauerSupreme Court of Missouri · 1890
- McGovern v. MitchellSupreme Court of Connecticut · 1906
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