State Ex Rel. Brubaker v. Tucker
Supreme Court of Missouri
Appeal from Cooper Circuj.t Court. — Hon. J. G. Slate, Judge. (.1) • The execution was in due form. It was issued on the judgment of a court that had jurisdiction over the parties, plaintiff and defendant, and of-the subject-matter of the litigation. The sheriff had only to look at the command of the writ. Brown % Henderson, 1 Mo. 94; Sate v. Miller, 110 Mo. App. 542; State ex reí. y.
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Appeal from Cooper Circuj.t Court. — Hon. J. G. Slate, Judge. (.1) • The execution was in due form. It was issued on the judgment of a court that had jurisdiction over the parties, plaintiff and defendant, and of-the subject-matter of the litigation. The sheriff had only to look at the command of the writ. Brown % Henderson, 1 Mo. 94; Sate v. Miller, 110 Mo. App. 542; State ex reí. y. O’Neil, 151 ;Mo. 67; Owl’s Nest v,.'Haines, 176 S. W. 513; Melcher v. Scruggs, 72 Mo. 411. (2) The sheriff and the sureties on his bond were liable for the amount of money called for in the execution on account…
1Opinion of the Court
Defendant Tucker, at the times of the happening of the events hereinafter referred to, was the Sheriff of Cooper County. His co-defendants are the sureties on his official bond. On December 14, 1917, relator caused a general execution in regular form to issue out of the office of the Clerk of the Circuit Court of Cooper County, upon a judgment that he had theretofore obtained in that court against one Bruce I. Bidstrup, directed to the defendant Tucker, as such sheriff. Upon receipt of the execution Tucker levied the same upon certain real estate in Cooper County and advertised it for sale.…
2Cases cited5 opinions
- State ex rel. O'Bryan v. KoontzSupreme Court of Missouri · 1884
- Slattery v. JonesSupreme Court of Missouri · 1888
- Coville v. BentleyMichigan Supreme Court · 1889
- State Ex Rel. Nolte v. ReynoldsSupreme Court of Missouri · 1920
- Swan v. GilbertAppellate Court of Illinois · 1896
3Cited by2 opinions
- Elzea v. DunnSupreme Court of Missouri · 1923
- Nelson v. NelsonSupreme Court of Missouri · 1924