State ex rel. Gates v. Fitzpatrick
Supreme Court of Missouri
Appeal from. Jackson County Circuit Court. It is not made the constable’s duty by law to inquire into third persons’ rights accruing from legal proceedings, wherein such persons are not parties. (See Armstrong vs. Langdon, 57 Mo. 353.) The defendant from whom goods are taken is the constable’s principal, after the goods are ordered to be returned on dismissal of the action.
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Appeal from. Jackson County Circuit Court. It is not made the constable’s duty by law to inquire into third persons’ rights accruing from legal proceedings, wherein such persons are not parties. (See Armstrong vs. Langdon, 57 Mo. 353.) The defendant from whom goods are taken is the constable’s principal, after the goods are ordered to be returned on dismissal of the action. Even were the law otherwise, he could only be liable for a breach of personal duty, and not upon his official bond in this action, there being no such privity between him and the relators as creates such official…
1Opinion of the CourtHough, Judge
This was a suit upon a constable’s bond given by the defendant Fitzpatrick as principal, with his co-defendants herein as sureties.
' Under a writ of attachment issued at the suit of the Goodyear Rubber Company, on the 24th day of February, 1873, by a justice of the peace in Jackson county, against one Aaron Mann, a certain stock of boots and shoes, the property of said Mann, was levied upon by the defendant Fitzpatrick, as constable.
On the 27th day of February, 1873, Mann executed a bill of sale by which he sold, assigned and transferred said boots and shoes to the plaintiffs herein, subject…
2Cases cited4 opinions
- Carmack v. Commonwealth ex rel. BoggsSupreme Court of Pennsylvania · 1812
- Harris v. HansonSupreme Judicial Court of Maine · 1834
- Williams v. GraySupreme Court of Missouri · 1866
- State ex rel. Armstrong Bros. v. LangdonSupreme Court of Missouri · 1874
3Cited by20 opinions
- American Guaranty Co. v. McNieceOhio Supreme Court · 1924
- State ex rel. O'Bryan v. KoontzSupreme Court of Missouri · 1884
- State ex rel. Brennan v. DierkerMissouri Court of Appeals · 1903
- State ex rel. Goddard, Peck & Co. v. RayburnMissouri Court of Appeals · 1886
- State ex rel. Heitkamp v. RylandSupreme Court of Missouri · 1901
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