Legal Opinion

State ex rel. Hartley v. Innes

Missouri Court of Appeals

Decided April 20, 1909PublishedCited by 15 opinions

Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville, Judge. The deputy, while denying the promise, had testified to his having been there twice for that purpose, and had testified that on the day of sale a bystander had said to him in the sheriff’s office just before the sale took place, that Mr. McCammon was interested in the sale and wanted to be present — but no effort was made to let him know of the sale.

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Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville, Judge. The deputy, while denying the promise, had testified to his having been there twice for that purpose, and had testified that on the day of sale a bystander had said to him in the sheriff’s office just before the sale took place, that Mr. McCammon was interested in the sale and wanted to be present — but no effort was made to let him know of the sale. The court then immediately after the deputy’s testimony said: “Mr. Sheriff, you must not hereafter make any promise to notify attorneys of the time of sale under executions.” This…

1Opinion of the CourtGoode, J.

— Appeal from a judgment overruling a motion to set aside an execution sale of a lot in the city of Springfield, under a judgment for the amount of ■the delinquent taxes on the lot for the year 1902, rendered against Rosina I. Kellett and twenty-nine other defendants, as the heirs of Susan Ann Innes, deceased. The tax suit was permitted to correct a flaw in the title and the attorney for Mrs. Kellett looked after the case, wrote the execution on the judgment, had it put in the hands of the sheriff to advertise and sell the property, and told said officer he (said attorney) wished to be…

2Cases cited13 opinions

  1. Graffam v. BurgessSupreme Court of the United States · 1886
  2. Schroeder v. YoungSupreme Court of the United States · 1896
  3. Tripp v. CookNew York Supreme Court · 1841
  4. McGuire v. DrewCalifornia Supreme Court · 1890
  5. Bailey v. SmockSupreme Court of Missouri · 1875

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3Cited by15 opinions

  1. Bussen Realty Co. v. BensonSupreme Court of Missouri · 1942
  2. Powell v. County of St. LouisSupreme Court of Missouri · 1977
  3. Jones v. PetersonSupreme Court of Missouri · 1934
  4. City of St. Louis v. PeckMissouri Court of Appeals · 1959
  5. Stanton v. Estate of JohnsonMissouri Court of Appeals · 1914

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