Field v. Milburn
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. The only question involved in the case is understood to be, whether the delay of the constable to levy the execution in favor of Field, had the effect to postpone it to the attachment ? And it is insisted, that no delay of the officer not procured or directed by the party, can have the effect to deprive the latter of his lien; 5 Cowen, 390; 12 Wend. 405; 4 Rawle, 376; 5 Watts, 302. Nor can it make any difference that the party has passively…
Read the full summary
ERROR to St. Louis Circuit Court. The only question involved in the case is understood to be, whether the delay of the constable to levy the execution in favor of Field, had the effect to postpone it to the attachment ? And it is insisted, that no delay of the officer not procured or directed by the party, can have the effect to deprive the latter of his lien; 5 Cowen, 390; 12 Wend. 405; 4 Rawle, 376; 5 Watts, 302. Nor can it make any difference that the party has passively acquiesced in the delay — see the cases cited above — particularly when, as in the present case, the execution at the…
1Opinion of the Court
McBride, J,,
delivered the opinion of the court.
On the 24th November, 1844, Field recovered judgment before a justice of the peace of St. Louis township against John Berlin for the sum of one hundred and fifty dollars; debt and costs. On the 27th November execution issued on this judgment, which was on the same day delivered to the constable of St. Louis township to be executed. Berlin was at the time a merchant, owning a stock of goods and carrying on his business, and so continued selling at an average of thirty dollars per day, with the knowledge of the plaintiff and the constable, up to…
2Cases cited1 opinion
- Tabb v. HarrisCourt of Appeals of Kentucky · 1815
3Cited by4 opinions
- Thomas v. Beneficial of Missouri (In Re Thomas)United States Bankruptcy Court, E.D. Missouri · 1997
- Reeves & Co. v. SebernSupreme Court of Iowa · 1864
- Isbell v. EppsSupreme Court of Arkansas · 1872
- Evans v. WalshSupreme Court of New Jersey · 1879