Patterson v. Stephenson
Supreme Court of Missouri
Error to Daviess Circuit Court. — Hon. S. A. Richardson, Judge. Plaintiffs in error did all they could to acquire and retain a lien on the goods. By their superior diligence, they found and got them before Bailey, Wood & Co. They could not have sued in justice’s court, and thereby got-their writ in the hands of the constable that first took goods in his possession by virtue of writs first issued by justice.
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Error to Daviess Circuit Court. — Hon. S. A. Richardson, Judge. Plaintiffs in error did all they could to acquire and retain a lien on the goods. By their superior diligence, they found and got them before Bailey, Wood & Co. They could not have sued in justice’s court, and thereby got-their writ in the hands of the constable that first took goods in his possession by virtue of writs first issued by justice. The goods could not have been taken by sheriff from constable, nor could the constable have been garnished. R. S. 1879, § 2519. The sheriff performed every act in reference to the goods…
1Opinion of the Court
Philips, C.
This is a contest among successive attaching creditors as to the order in which the proceeds of the attached property in the officers’ hands shall be distributed. The record is somewhat confused, but enough is shown to indicate that a constable in Daviess county had seized, under a writ of attachment from a justice of the peace, the stock of goods of one James Stephenson. Afterward the plaintiffs in error, Patterson and others, brought suit in the circuit court of said county against said Stephenson, and sued out a writ of attachment, which on the 28th day of November, 1877, the…
2Cases cited3 opinions
- Bruce v. VogelSupreme Court of Missouri · 1866
- Pope v. . HanmerNew York Court of Appeals · 1878
- Tomlinson v. CollinsSupreme Court of Connecticut · 1850
3Cited by6 opinions
- Pitkin v. Burnham, Hanna, Munger & Co.Nebraska Supreme Court · 1901
- E. C. Meacham Arms Co. v. Strong, Hackett, & Co., Washington Territory1887
- State ex rel. Frank v. CurranMissouri Court of Appeals · 1891
- Goodbar v. BrooksSupreme Court of Arkansas · 1893
- State Bank v. SteinbergMissouri Court of Appeals · 1891
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