State ex rel. Conklin v. Barada
Supreme Court of Missouri
Appeal from Audrain Circuit Court. I. The term property as used in §§ 11 and 12, of tlie chapter on executions does not include debts and wages, and the constable was not required to have Ladd’s debt to Conklin appraised, as in appraisement of working animals. (§§ 11 and 12, p. 604 ; Gregory vs. Evans, 19 Mo., 261.) Debts and wages are not subject to execution except by process of garnishment. (§ 16, p. 605 ; § 2, p. 606, Wagn.
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Appeal from Audrain Circuit Court. I. The term property as used in §§ 11 and 12, of tlie chapter on executions does not include debts and wages, and the constable was not required to have Ladd’s debt to Conklin appraised, as in appraisement of working animals. (§§ 11 and 12, p. 604 ; Gregory vs. Evans, 19 Mo., 261.) Debts and wages are not subject to execution except by process of garnishment. (§ 16, p. 605 ; § 2, p. 606, Wagn. Stat.) Mahan vs. Scruggs, 29 Mo., 282, is not in point. I. Conklin claimed, as the bead of a family, the Ladd debt, in lien of tlie property mentioned in the 1st and…
1Opinion of the CourtLewis, Judge
This was a suit upon a constable’s bond. William L. Grim obtained judgment before a justice of the peace, against respondent’s usee, Conklin, for $140. The appellant Barada, as Constable, upon execution coming to his hands, garnished Amos Ladd, who was indebted to Conklin on a promissory note for $100. It is charged that the officer failed to apprise Conklin of his rights, as required by the statute ; that Conk-lin, nevertheless, repeatedly notified Barada, before the return of the garnishment, that, as head of a family and owning no other property, he claimed to hold the Ladd note exempt…
2Cases cited4 opinions
- Wimer v. PritcharttSupreme Court of Missouri · 1852
- Mahan v. ScruggsSupreme Court of Missouri · 1860
- Gregory v. EvansSupreme Court of Missouri · 1854
- Gordon v. McCurdySupreme Court of Missouri · 1858
3Cited by17 opinions
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- Osborne v. SchuttSupreme Court of Missouri · 1878
- Hombs v. CorbinMissouri Court of Appeals · 1889
- State ex rel. Rigby v. GoodhueMissouri Court of Appeals · 1898
- Irondale Bank v. TerrillMissouri Court of Appeals · 1909
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