State ex rel. Friedman v. Purcell
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) At the time of the levy of the writ of attachment, the property in controversy was in the exclusive possession of plaintiffs. This being the case, such seizure -was prima facie wrongful, and no presumptions obtained in favor of the officer that he did his duty in making the levy.
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Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) At the time of the levy of the writ of attachment, the property in controversy was in the exclusive possession of plaintiffs. This being the case, such seizure -was prima facie wrongful, and no presumptions obtained in favor of the officer that he did his duty in making the levy. State ex rel. v. Hope, 88 Mo. 430; State to use v. Fitzpatrick, 64 Mo. 185. (2) The court erred in refusing instruction number 3, asked by, and on behalf of, appellants. It has always been the law in this state that a failing debtor could dispose of…
1Opinion of the CourtMacfarlane, J.
This suit is upon the official bond of defendant Purcell, as sheriff, to recover damages for the alleged wrongful seizure and sale of a stock of dry goods claimed by relators, and taken from their possession in Joplin, Missouri.
Defendant by answer justified the seizure on the *316ground that the goods were levied upon by Purcell as sheriff by virtue of two writs of attachment issued against one Simon Swartz; and that the said Swartz had previously, with intent to hinder, delay, and defraud his creditors, sold and transferred them to relators who at the time had notice of such intent.
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2Cases cited3 opinions
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Barrett v. DavisSupreme Court of Missouri · 1891
- Johnson v. SullivanSupreme Court of Missouri · 1856
3Cited by13 opinions
- Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932
- Richards v. EarlsSupreme Court of Missouri · 1939
- McGregor v. J. A. Ware Construction Co.Supreme Court of Missouri · 1905
- State ex rel. Bell v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1911
- Baker v. HarveySupreme Court of Missouri · 1896
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