M'Carthy v. O'Marr
Montana Supreme Court
Appeal from District Court, Meagher County. F. K. Armstrong, Judge. Action by Tim McCarthy against James J. O’Marr. Judgment for plaintiff. Defendant appeals. . Statement of the case by the justice delivering the opinion. Assumpsit for money had and received.
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Appeal from District Court, Meagher County. F. K. Armstrong, Judge. Action by Tim McCarthy against James J. O’Marr. Judgment for plaintiff. Defendant appeals. . Statement of the case by the justice delivering the opinion. Assumpsit for money had and received. The complaint alleges that on May 22, 1893, the plaintiff, McCarthy, recovered a judgment before a justice of the peace against Emma Lyons for $40 and costs, and that on the same day execution was duly issued and delivered to the sheriff pursuant to law; that thereafter the defendant O’Marr, as sheriff, levied upon a piano as the…
1Opinion of the CourtHunt, J.
It is clear, by Judge Armstrong’s memorandum attached to defendant’s request for findings, that the proof on the trial of the case was to the effect that the plaintiff in the suit of McCarthy v. Lyons directed the defendant herein, as sheriff, to levy upon the piano as the property of Emma Lyons, and that the sheriff did so, and sold the same, without any knowledge of the admitted fact that Emma Lyons had no interest whatever in the property so levied upon and sold. It was also proved that after the sale, and before his return of the execution, the sheriff first found out that Emma Lyons was…
2Cases cited8 opinions
- Fuller v. HoldenMassachusetts Supreme Judicial Court · 1808
- Baker v. M'DuffieNew York Supreme Court · 1840
- Decker v. ArmstrongSupreme Court of Missouri · 1885
- Lummis v. KassonNew York Supreme Court · 1864
- Governor v. GibsonSupreme Court of Alabama · 1848
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