Bennett v. Vinyard
Supreme Court of Missouri
Appeal from, Jefferson Circuit Court. The appellant insists on the following points : I. There was no return of the second execution, according to law and the command. There cannot be a return of an execution sufficient for legal purposes, unless the officer returns the execution to the justice, at the return day, with his official return endorsed upon it, and signed by him officially. II.
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Appeal from, Jefferson Circuit Court. The appellant insists on the following points : I. There was no return of the second execution, according to law and the command. There cannot be a return of an execution sufficient for legal purposes, unless the officer returns the execution to the justice, at the return day, with his official return endorsed upon it, and signed by him officially. II. An endorsement upon the execution not signed by Yin yard as constable, did not constitute a return as contemplated by law. (8 Mo. 417 ; 22 Mo. 13 ; 10 Mo. 780 ; R. O. 751, § 66.) The statute allows a…
1Opinion of the CourtBates, Judge
The petition stated that an execution, in favor of the plaintiff, and issued by a justice of the peace, was delivered to the defendant, who was a constable, and that the defendant made a false return of the same ; and that a second execution on the same judgment was issued and delivered to the defendant, and that “ defendant failed to make a return of this execution to said justice within ninety days after the date thereof,” as was commanded by the writ. The petition then stated, that the balance of said execution and costs, with the exception of the $21 paid by William Null, is still due,…
2Cited by7 opinions
- Wilkins v. TourtellottSupreme Court of Kansas · 1882
- Hixon v. CuppSupreme Court of Oklahoma · 1897
- State ex rel. Armour Packing Co. v. DickmannMissouri Court of Appeals · 1910
- Fee v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
- State ex rel. McDonald v. LangdonSupreme Court of Missouri · 1874
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