American Wine Co. v. Scholer
Supreme Court of Missouri
Appeal from St. Louis Qourt of Appeals. (1) The motion of respondent is an attempt to state a bill in chancery to set aside a sheriff’s sale, bnt the necessary and essential charges of a bill in equity are not made. Nor could the court obtain jurisdiction of a party not in court without summons and on mere notice. (2) It is only claimed by defendant that the sale is voidable.
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Appeal from St. Louis Qourt of Appeals. (1) The motion of respondent is an attempt to state a bill in chancery to set aside a sheriff’s sale, bnt the necessary and essential charges of a bill in equity are not made. Nor could the court obtain jurisdiction of a party not in court without summons and on mere notice. (2) It is only claimed by defendant that the sale is voidable. A sheriff, in making a sale under an execution, acts as the ministerial officer of the law, and not as the organ of the court. He is not its instrument or agent (as in case of judicial sales), and the court is not the…
1Opinion of the Court
Pee Ctteiam.-
The American Wine Company recovered judgment in the St.. Louis circuit court against Scholer, on the fourteenth of November, 1881, for $5,739.71. Execution was issued up'on this judgment, by virtue of which the sheriff levied upon three hundred and thirty-three shares of stock in the American Wine Company, as the property of Scholer, and on January 4, 1882, sold the same to Cook for ten dollars per share. On the return day of the execution, the defendant therein filed a motion to set aside the sale, which was sustained fey the court, and a venditioni exponas ordered. The…
2Cases cited3 opinions
- Downing v. StillSupreme Court of Missouri · 1869
- Ray v. StobbsSupreme Court of Missouri · 1859
- Nelson v. BrownSupreme Court of Missouri · 1856
3Cited by9 opinions
- Joseph Davis, Cory & Co. v. Chicago Dock Co.Illinois Supreme Court · 1889
- City of St. Louis v. BrooksSupreme Court of Missouri · 1891
- State ex rel. Hartley v. InnesMissouri Court of Appeals · 1909
- City of St. Louis v. PeckMissouri Court of Appeals · 1959
- Cole County v. MaddenSupreme Court of Missouri · 1887
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