Moriund v. Johnson
Missouri Court of Appeals
Appeal from Stone County Circuit Court. — Hon. John T. Moore, Judge. The court erred in refusing plaintiff’s first and second instructions.
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Appeal from Stone County Circuit Court. — Hon. John T. Moore, Judge. The court erred in refusing plaintiff’s first and second instructions. There can be no question in this case, or any other of similar import, that if the defendants could justify their seizure and right to the possession of this property, they must first show that Joe Moriund was the absolute owner of the property; next they must show a valid judgment against - him, and next they must show a legal and valid execution based on that judgment, and, • unless they did so show and prove, their case must fall. And all of which they…
1Opinion of the CourtNixon, P. J.
(after stating the facts).- — -This action, as we have seen from the statement, was commenced before a justice of the peace, and an inspection of the statement and affidavit of the plaintiff as filed before the justice reveals that he almost literally copied the form of the statement and affidavit provided by section 3902 of the Revised Statutes of 1899. The answer of the defendants contained a general denial and also set up a plea of justification that the defendant, James Johnson, was a constable, and as such officer had seized the property in question and held it under an execution. The…
2Cases cited14 opinions
- Thornburgh v. HandCalifornia Supreme Court · 1857
- Bogert v. PhelpsWisconsin Supreme Court · 1861
- Brichman v. RossCalifornia Supreme Court · 1885
- Mathews v. DensmoreMichigan Supreme Court · 1880
- James v. Van DuynWisconsin Supreme Court · 1878
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3Cited by1 opinion
- Stephens v. CurtnerMissouri Court of Appeals · 1920