Legal Opinion

Cawthorn v. Muldrow

Supreme Court of Missouri

Decided July 15, 1844Published

APPEAL from Audrain Circuit Court. 1st. The Circuit Court'erred, in giving the instruction asked by attorney for Muldrow, and in refusing to give the instructions asked by attorney for Cawthorn. —Rev.Stat., p.86, sec. 14. ( 2d. After an attachment is dissolved, or a verdict found for defendant, the pro- - ceedings are vacated, and an appeal does not reinstate the same. — 13 Johnson, 139. 3d.

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APPEAL from Audrain Circuit Court. 1st. The Circuit Court'erred, in giving the instruction asked by attorney for Muldrow, and in refusing to give the instructions asked by attorney for Cawthorn. —Rev.Stat., p.86, sec. 14. ( 2d. After an attachment is dissolved, or a verdict found for defendant, the pro- - ceedings are vacated, and an appeal does not reinstate the same. — 13 Johnson, 139. 3d. After an attachment is dissolved, or verdict for defendant, the .officer who has possession of the property, by surrendering the same to the defendant in attachment, (without waiting ten days, to see if…

1Opinion of the Court

To.m#kixs, J.,

delivered the opinion of the Court.

This is ap action commenced by George F. Muldrow, before a justice of the peace, in Audrain county, against Alfred Cawthorn. The account filed, and on which the suit was brought, is for money due to the State of Missouri, for the use of Muldrow, on Cawthorn’s official bond. These are the particulars:

“For suffering property to escape, when levied on by attachment — $29 53
“Costs in said suit_________________________________________ 20 98.”

Muldrow obtained a judgment before the justice, and Cawthorn appeals to the Circuit Court. In that court,…

2Cases cited2 opinions

  1. Robards v. WolfeCourt of Appeals of Kentucky · 1833
  2. Hughes v. EllisonSupreme Court of Missouri · 1838

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