Howard v. Clark
Supreme Court of Missouri
Appeal from Fifth District Court; The facts sufficiently appear in the opinion of the court. I. The justice had jurisdiction of the subject matter of the suit of Ullman v. Byers. Jurisdiction is expressly given by an act of the Legislature passed at the session of 1863. (Sess. Acts 1863, p. 173.) It has been repeatedly decided by this court that the General Statutes did not repeal these special and local acts, but that they still remain in full force.
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Appeal from Fifth District Court; The facts sufficiently appear in the opinion of the court. I. The justice had jurisdiction of the subject matter of the suit of Ullman v. Byers. Jurisdiction is expressly given by an act of the Legislature passed at the session of 1863. (Sess. Acts 1863, p. 173.) It has been repeatedly decided by this court that the General Statutes did not repeal these special and local acts, but that they still remain in full force. H. The writ of attachment and summons was good. ' The time was sufficient; and if it was not — the court having jurisdiction of the subject…
1Opinion of the CourtBliss, Judge
The plaintiff brought suit before a magistrate against defendant Clark, as constable, and his securities upon his official bond, for false return, and for failure to pay over money collected. Two *347writs of attachment, with summons, were issued by different justices in St. Joseph against one Byers — one in favor of the plaintiff, February 10, 1866, returnable September 21 following; and one in favor, of B. Ullman, dated September 3, 1866, retarnable September 17, ilrst. The constable, on said September 3, attached fifteen head of cattle on both writs, and testified that they were discovered and…
2Cases cited4 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- State ex rel. Hannibal & St. Joseph Railroad v. ShacklettSupreme Court of Missouri · 1866
- Sanders v. RainsSupreme Court of Missouri · 1847
- Williams v. BowerSupreme Court of Missouri · 1858
3Cited by32 opinions
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1895
- Leonard v. SparksSupreme Court of Missouri · 1893
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Young v. DowneySupreme Court of Missouri · 1899
- Melcher v. ScruggsSupreme Court of Missouri · 1880
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