City of Warrensburg v. Simpson
Missouri Court of Appeals
Appeal from Johnson Criminal Court, Hon. John E. Ryland, Judge. Statement of case by the court. Robert Simpson was convicted before the mayor of Warrensburg and fined one dollar and costs. From this conviction he appealed to the Johnson county criminal court, and gave his co-defendants R. M. Robertson and Adolph Spiess, as sureties. On a trial anew, in the appellate court, he was again convicted and fined five dollars and costs.
Read the full summary
Appeal from Johnson Criminal Court, Hon. John E. Ryland, Judge. Statement of case by the court. Robert Simpson was convicted before the mayor of Warrensburg and fined one dollar and costs. From this conviction he appealed to the Johnson county criminal court, and gave his co-defendants R. M. Robertson and Adolph Spiess, as sureties. On a trial anew, in the appellate court, he was again convicted and fined five dollars and costs. On motion of the prosecuting attorney of the city, the court ordered the clerk to issue an execution in term time, on this judgment against defendant Simpson and his…
1Opinion of the CourtEllison, J.
I. The point is made by defendant bhat the alleged levy made by the sheriff under the first execution discharged the judgment. Conceding a levy was made, yet, under the undisputed facts in this case,, bhe judgment was not discharged, for the property was restored to the owner. It is true that when sufficient personal property of a defendant in an execution, is-Levied upon it operates as a satisfaction, if nothing more appears, but when it is restored to the debtor there is no satisfaction. State ex rel. Colvin v. Six, 80 Mo. 61; Thomas, Ex'r, v. Cleveland, 33 Mo. 126. “If after le>y apon…
2Cases cited2 opinions
- State ex rel. Colvin v. SixSupreme Court of Missouri · 1883
- Young v. ClevelandSupreme Court of Missouri · 1862
3Cited by7 opinions
- Crutchfield v. City of WarrensburgMissouri Court of Appeals · 1888
- Sappington v. LenzMissouri Court of Appeals · 1893
- Swaggard v. HancockMissouri Court of Appeals · 1887
- City of Carterville v. CardwellMissouri Court of Appeals · 1910
- Spriggs v. State ex rel. Board of CommissionersIndiana Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.