Page & Bacon v. Butler
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court, STATEMENT OP THE CASE. The appellants filed their motion in the circuit court for judgment on a forth-coming bond, made by the respondents to the sheriff on an execution out of the circuit court, in favor of Page & Bacon vs. Butler.
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APPEAL from St. Louis Circuit Court, STATEMENT OP THE CASE. The appellants filed their motion in the circuit court for judgment on a forth-coming bond, made by the respondents to the sheriff on an execution out of the circuit court, in favor of Page & Bacon vs. Butler. On the hearing of the motion, appellants read the execution, sheriff’s return and the bond; from which it appeared that execution was dated 15 May 1850, and on the 22d June succeeding, was levied on thirty casks of bacon; and on the same day the bond, with Butler as principal and Lackland and ICennett as securities, was given.…
1Opinion of the CourtScott, J.
The respondents present themselves in an attitude which precludes the court from rendering them the relief which they seek. Here is property levied upon on the 22d day of May, and a bond given for its delivery on the 2d day of September following the day of sale; it is forfeited, and a jury, on the 13th of November, is summoned at the instance and on the claim of one of the sureties to try the right of property, and having found the property described in the bond, to belong to the claimant, that verdict is returned as an excuse for the forfeiture. We hold, that the claimant of property levied…
2Cases cited1 opinion
- Limpus v. State ex rel. HelmIndiana Supreme Court · 1844
3Cited by5 opinions
- Mitchell v. IngramSupreme Court of Alabama · 1862
- State ex rel. Heye v. St. Louis Court of AppealsSupreme Court of Missouri · 1885
- Phillips v. CooperMississippi Supreme Court · 1874
- McElfatrick v. MacauleyMissouri Court of Appeals · 1884
- Robards v. SamuelSupreme Court of Missouri · 1853