State ex rel. Robertson v. Hope
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. Turner. A. Gtill, Judge. (1) It is undisputed that at the time of the levy of the attachment writs the relator was in the sole possession of the property, therefore, prima facie, it belonged to him.
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Appeal from Jaclcson Circuit Court. — Hon. Turner. A. Gtill, Judge. (1) It is undisputed that at the time of the levy of the attachment writs the relator was in the sole possession of the property, therefore, prima facie, it belonged to him. Wharton oh Evid., sec. 1331; Best on Evid., sec. 366; Greenlf. on Evid., sec. 34; Wiseman v. Lynn, 39 Ind. 259 ; Vastine v. Wilding, 45 Mo. 89 ; Rubey v. Culbertson, 35 la. 264; Simpson v. Carleton, 14 Gray, 506. (2) The burden was on the sheriff to show authority of law for taking the property from relator’s possession ; the presumption that public…
1Opinion of the CourtRat, J.
-This is a suit in the name of the state at' the relation of Robertson against defendant, Hope,' and the co-defendants as his sureties ón his official bond' *433as sheriff of Jackson county, Missouri. The relator says in his petition that on July 15, 1882, he was the owner of and in possession of a stock of goods in Kansas City, Missouri, giving the items thereof, of the value of $17,473.28; that the defendant, Hope, was then the sheriff of Jackson county, Missouri, and the other defendants were his sureties on his official bond ; that on said date said Hope had certain writs of attachment in his…
2Cases cited5 opinions
- Buck v. ColbathSupreme Court of the United States · 1866
- Lammon v. FeusierSupreme Court of the United States · 1884
- State ex rel. O'Bryan v. KoontzSupreme Court of Missouri · 1884
- Linblom v. RamseyIllinois Supreme Court · 1874
- Day v. GallupSupreme Court of the United States · 1865
3Cited by10 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
- Rosencranz v. Swofford Bros. Dry Goods Co.Supreme Court of Missouri · 1903
- State Ex Rel. Kaercher v. RothSupreme Court of Missouri · 1932
- State ex rel. Brennan v. DierkerMissouri Court of Appeals · 1903
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