Carpenter v. Stearns
Missouri Court of Appeals
Appeal from, Johnson Circuit Court. — Hon. Charles W. Sloan, Judge.' Tlie case is stated in the opinion, (1) The respondents directed the levy of the writ of attachment and the levy of execution; the officer was but their agent in the transaction, and the possession of the officer in such cases, was the possession of the respondents, and replevin can be maintained against them. The possession of the officer was per my et per tout.
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Appeal from, Johnson Circuit Court. — Hon. Charles W. Sloan, Judge.' Tlie case is stated in the opinion, (1) The respondents directed the levy of the writ of attachment and the levy of execution; the officer was but their agent in the transaction, and the possession of the officer in such cases, was the possession of the respondents, and replevin can be maintained against them. The possession of the officer was per my et per tout. Allen v. Or ary, 10 Wend. 349 ; Tripp v. Leland, 42 Yt. 488 ; Ponda v. Vanhorne, 15 Wend. 633 ; Connah v. Hale, 23 Wend. 467; Boyce v. Brockway, 31 N. Y. 493;…
1Opinion of the CourtRamsay, J.
— Plaintiff instituted this suit, in one of the justices’ courts of Johnson county, against the defendants, in replevin for the possession of certain household furniture of the alleged value of $70.20. The ■statement and affidavit were in statutory form and on the day the writ was issued by the justice, the defendants executed and-delivered to the constable executing said writ their delivery bond for the retention of said ■furniture, which delivery bond was in form prescribed by statute, and which, together with replevin writ, were properly returned by the constable.
Plaintiff recovered a…
2Cases cited1 opinion
- Holdridge v. MarshMissouri Court of Appeals · 1887
3Cited by3 opinions
- Fawley v. BaileyMissouri Court of Appeals · 1974
- Martin v. . GilbertNew York Court of Appeals · 1890
- Exchange Finance Co. v. BrownMissouri Court of Appeals · 1929