State ex rel. Bellemere v. O'Neill
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) This suit is for failure to apprise relator of his exemptions; not for failure to set them off, and an officer is not liable for failure to apprise of exemption rights when the defendant in execution is aware of his rights and claims the benefit of them in proper time. Brown v.Hoffmeister,71 Mo. 411; State v. Kane, 42 Mo. App. 258; State v. Brooke, 29 Mo.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) This suit is for failure to apprise relator of his exemptions; not for failure to set them off, and an officer is not liable for failure to apprise of exemption rights when the defendant in execution is aware of his rights and claims the benefit of them in proper time. Brown v.Hoffmeister,71 Mo. 411; State v. Kane, 42 Mo. App. 258; State v. Brooke, 29 Mo. App. 286,289. In State to use v. Harrington, 3 3 Mo. App. 47 6, we have a case where a recovery was had for not setting off exemptions. (2) The claim of the relator in…
1Opinion of the CourtSmith, P. J.
This is an action which was brought by the relator against defendants for a breach of the conditions of a certain bond entered into by defendant O’Neill as sheriff with the other two defendants as sureties thereon. The breach alleged is:
Petition. “That on the 20th day of Nov., 1893, an execution was issued against this plaintiff and Geo. L. 'Bellemere upon a judgment theretofore rendered in the circuit court of Jackson county, Missouri, in favor of the Eirst Nat’l Bank of Kansas City, Missouri, and against this plaintiff and Geo. L. Bellemere for the sum of $- which said execution was…
2Cases cited8 opinions
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- State ex rel. Conklin v. BaradaSupreme Court of Missouri · 1874
- Brown v. HoffmeisterSupreme Court of Missouri · 1880
- State ex rel. Lewis v. BarnettSupreme Court of Missouri · 1888
- State ex rel. Lalley v. CarrollMissouri Court of Appeals · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nephler v. RowlandMissouri Court of Appeals · 1917
- Dancer v. ChenaultMissouri Court of Appeals · 1975
- Cope v. SniderMissouri Court of Appeals · 1903
- State ex rel. Schreiber v. DickmanMissouri Court of Appeals · 1907
- White v. WilsonMissouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.