State ex rel. Henneke v. Wolf
Missouri Court of Appeals
Appeal from tbe St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) In order to hold the bondsmen of the constable liable for his misconduct, it is necessary to show that he was in the performance of his official duties, under a valid writ issued by the proper authority.
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Appeal from tbe St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) In order to hold the bondsmen of the constable liable for his misconduct, it is necessary to show that he was in the performance of his official duties, under a valid writ issued by the proper authority. The execution or attachment debtor has the right, under section 4906, to elect whether he will claim, as exempt, $300 worth of property out of the general personal estate, in lieu of the property specifically exempted by section 4903. He can not claim under both sections. Davis v. Williamson, 68 Mo. App. 301.…
1Opinion of the CourtBiggs, J.
This is an action on a constable’s bond. The breach assigned is that the defendant Wolf, as constable, wrongfully deprived the relator of her exemption rights.
The relator is the wife of Louis E. Henneke. The latter at one time owned a grocery store, consisting of a small stock *588of family groceries, some store fixtures, and a horse and delivery wagon. He and the relator, together with their two children lived over the store. Certain suits by attachment were begun against Henneke before a justice of the peace. The writs of attachment were placed for service in the hands of the defendant Wolf as…
2Cases cited1 opinion
- Mahan v. ScruggsSupreme Court of Missouri · 1860
3Cited by1 opinion
- Martin v. BarnettMissouri Court of Appeals · 1911