Legal Opinion

State ex rel. Codding v. Finn

Missouri Court of Appeals

Decided January 27, 1880PublishedCited by 15 opinions

Appeal from the St. Louis Circuit Court. The relator was not the head of a family. —Freem. on Ex. 342-346J arts. 222, 223, and cases cited ; Wade v. Jones, 20 Mo. 75; Abercrombie v. Anderson, 9.Ala. 781; Boykin v. Edwards, 21 Ala. 261; Marsh v. Lazenby, 41 Ga. 153'; Barney v. Leeds, 51 N. H. 253; Barnes v. Rogers, 23 III. 352; Martins.

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Appeal from the St. Louis Circuit Court. The relator was not the head of a family. —Freem. on Ex. 342-346J arts. 222, 223, and cases cited ; Wade v. Jones, 20 Mo. 75; Abercrombie v. Anderson, 9.Ala. 781; Boykin v. Edwards, 21 Ala. 261; Marsh v. Lazenby, 41 Ga. 153'; Barney v. Leeds, 51 N. H. 253; Barnes v. Rogers, 23 III. 352; Martins. Hilton, 2 Hilt. 586; Brown v. With, 19 Wend. 475: Griffith v. Sundla, 14 Barb. 456 ; Woodward v. Murray, 18 Johns. 400; Wade v. Jones, 20 Mo. 75. “ If an officer has cross-executions put into his hands, wherein the creditor in one is debtor in the other, and he…

1Opinion of the CourtBakewell, J.

This is an action against a sheriff and the sureties on his official bond.

*263It appears that the sheriff had in his hands an execution in favor of Codding against Stark and another, on which he collected $170. One Clark had a judgment against Codding, which Stark acquired, and an execution in favor of Clark, to the use of Stark as assignee, was in due time placed in the sheriff’s hands, in order that it might be set off against the execution of Codding. The sheriff collected the money upon the execution in favor of Codding ; but Stark demanded that the executions be set off one against the…

2Cases cited6 opinions

  1. Allen v. ManasseSupreme Court of Alabama · 1843
  2. Megehe v. DraperSupreme Court of Missouri · 1855
  3. State ex rel. Reagan v. RomerSupreme Court of Missouri · 1869
  4. State ex rel. Garrett v. FarmerSupreme Court of Missouri · 1855
  5. State ex rel. Clayton v. KurtzebornMissouri Court of Appeals · 1876

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3Cited by15 opinions

  1. Bruce Wayne Murray v. Ben Zuke, Trustee of the Estate of Bruce Wayne Murray, BankruptCourt of Appeals for the Eighth Circuit · 1969
  2. In Re ShelbyUnited States Bankruptcy Court, W.D. Missouri · 1999
  3. In Re ArnoldUnited States Bankruptcy Court, W.D. Missouri · 1996
  4. In Re DenissonWashington Supreme Court · 1938
  5. Stein v. BostianCourt of Appeals for the Eighth Circuit · 1943

10 more not listed; retrieve them via the Exa API.

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