State ex rel. Rice v. Harrington
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. It was the duty -of the sheriff to have levied the oldest writ first, but having levied first under the junior writ of attachment, he established a charge or lien for appellants. Field v. Milburn, 9 Mo. 495-6 ; Kilby «. Haggin, 3 J. J. Marsh. 212; Payne v. Drew, 4 East, 538; Whitney v. Butter-field, 13 Cal. 335; Ensworth v. King, 50 Mo. 482; Nutter t. Connett, 3 B. Mon. 203; Pond r.
Read the full summary
Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. It was the duty -of the sheriff to have levied the oldest writ first, but having levied first under the junior writ of attachment, he established a charge or lien for appellants. Field v. Milburn, 9 Mo. 495-6 ; Kilby «. Haggin, 3 J. J. Marsh. 212; Payne v. Drew, 4 East, 538; Whitney v. Butter-field, 13 Cal. 335; Ensworth v. King, 50 Mo. 482; Nutter t. Connett, 3 B. Mon. 203; Pond r. Griffin, 1 Ala. 678; Orowninshield r. Strobel, 2 Brev. 80; Robertson v. Forest, 2 Brevard, 466; Crocker r>. Radcliffie, 3 Brevard, 27; Gates r.…
1Opinion of the CourtRombauee, J.
This is an action on the sheriff’s official bond to recover damages caused by his false return on a writ of attachment. The facts are substantially nncontroverted. One Henry Frank, a merchant, being in embarrassed circumstances, and subjecting himself to proceedings by attachment, the Fourth National Bank of this city sued out a writ of attachment against him, and caví sed the same to be placed in the hands of the sheriff for service, November 21, 1885. Shortly thereafter, and on the same day, the plaintiffs also sued out a writ of *290attachment against Frank, and caused the same to be placed in…
2Cases cited9 opinions
- Howard v. ClarkSupreme Court of Missouri · 1869
- Higgins v. BreenSupreme Court of Missouri · 1845
- Bruce v. VogelSupreme Court of Missouri · 1866
- Metzner v. GrahamSupreme Court of Missouri · 1874
- Taffts v. ManloveCalifornia Supreme Court · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. Moore v. MorantMissouri Court of Appeals · 1954
- State ex rel. Armour Packing Co. v. DickmannMissouri Court of Appeals · 1910
- Marsh v. HawkinsCourt of Appeals of Arizona · 1968
- State ex rel. Polster v. MilesMissouri Court of Appeals · 1910
- State ex rel. Frank v. CurranMissouri Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.