State ex rel. McMahan v. Rollins
Supreme Court of Missouri
ERROR TO BOONE CIRCUIT COURT. The statement of this action fully appears in 0 Mo. R. 794. After tire decision in that caso, the cause was remanded and re-docketed for trial; and at the August term, 1848, came to trial upon the same state of pleadings. The plaintiffs gave evidence of the sheriff's bond, of the proceedings, judgment, and several executions against defendant.
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ERROR TO BOONE CIRCUIT COURT. The statement of this action fully appears in 0 Mo. R. 794. After tire decision in that caso, the cause was remanded and re-docketed for trial; and at the August term, 1848, came to trial upon the same state of pleadings. The plaintiffs gave evidence of the sheriff's bond, of the proceedings, judgment, and several executions against defendant. Dale, under McMahan & Huston’s judgment, upon which the sheriff, Hamilton, principal, returned no goods ; and the pluries execution dated 20th April, 1842, with a clause of capias, and the return, viz : “This execution is…
1Opinion of the CourtNapton, J.
W.e think the instruction given hy the court was correct. A sheriff has the whole period-of the running of the writ within which to execute it, and if it is executed by the return day it is sufficient. This we understand to be the general and usual duty of the officer. There may be circumstances, however, under which he would not be justified in postponing for a day the levy of his writ. The condition of things may be such as to require immediate steps on the part of the officer to make the process available. The case of Douglass v. Baker, 9 Mo. R. 41, was an instance of this character.…
2Cited by3 opinions
- State Ex Rel. City of St. Louis v. PriestSupreme Court of Missouri · 1941
- State ex rel. Farwell v. LelandSupreme Court of Missouri · 1884
- Sarelas v. FagerburgAppellate Court of Illinois · 1942