Carr v. Youse
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. I. It is the policy of the law that the interests of the public shall not suffer for want of an officer to execute the judgments, decrees and orders of the courts; the sheriff, ordinarily, is the proper officer to execute such judgments, decrees and orders — R. 0. 1855, § 8, p. 368 ; id. § 59, p. 749 ; Dun-nica v. Coy, 28 Mo. 525; Duncan v. Matney, 29 Mo. 869. II.
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Appeal from Hannibal Court of Common Pleas. I. It is the policy of the law that the interests of the public shall not suffer for want of an officer to execute the judgments, decrees and orders of the courts; the sheriff, ordinarily, is the proper officer to execute such judgments, decrees and orders — R. 0. 1855, § 8, p. 368 ; id. § 59, p. 749 ; Dun-nica v. Coy, 28 Mo. 525; Duncan v. Matney, 29 Mo. 869. II. Whenever a vacancy occurs in the office of sheriff, “ the coroner of the county is authorized to perform all the duties which were by law required to be performed by the sheriff until…
1Opinion of the CourtHolmes, Judge
This was an action of ejectment for a lot of land situate in the city of Hannibal, in the county of Marion. The plaintiff undertook to show title by virtue of a sheriff’s sale and deed under an execution issued from the clerk’s office of the Hannibal Court of Common Pleas upon a transcript of a judgment of a justice of the peace, in the township of Mason, in said county, which had been filed in the office of said clerk. The execution was directed to the coroner, reciting that there was a vacancy in the office of sheriff, but before any levy had been made by the coroner, a new sheriff having…
2Cases cited5 opinions
- Duncan v. MatneySupreme Court of Missouri · 1860
- Burk v. FlurnoySupreme Court of Missouri · 1835
- Dunnica v. CoySupreme Court of Missouri · 1859
- Murray v. LaftenSupreme Court of Missouri · 1852
- Moss v. ThompsonSupreme Court of Missouri · 1853
3Cited by8 opinions
- Hobson v. McCambridgeIllinois Supreme Court · 1889
- Waddell v. WilliamsSupreme Court of Missouri · 1872
- State v. HendrixSupreme Court of Missouri · 1932
- Burke v. MillerSupreme Court of Missouri · 1870
- Bauer v. MillerMissouri Court of Appeals · 1884
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