Reed v. Shepperd
Supreme Court of Missouri
Appeal from Greene Circuit Court. A proper construction of the act relating to Executions, R. C. 1855, p. 747, secs. 49 & 50, under which this proceeding was instituted, will show that respondent has no claim whatever against appellant. The “Act to regulate executions” is intended to secure the speedy collection of judgments for the benefit of the execution creditor, and not to create a new cause of action in favor of the delinquent debt- or.
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Appeal from Greene Circuit Court. A proper construction of the act relating to Executions, R. C. 1855, p. 747, secs. 49 & 50, under which this proceeding was instituted, will show that respondent has no claim whatever against appellant. The “Act to regulate executions” is intended to secure the speedy collection of judgments for the benefit of the execution creditor, and not to create a new cause of action in favor of the delinquent debt- or. The sheriff lias this summary remedy on a re-sale merely “ ff a loss shall be occasioned thereby.”
1Opinion of the CourtFagg, Judge
This was a proceeding by motion, as authorized by secs. 49 & 50 of the act concerning Executions, R. C. 1855.
The first question that arises in the examination of this case is, whether upon the facts disclosed by the testimony there is any right of action in the officer. If this be determined against him, it will supersede the necessity of looking into any other errors that may be complained of in the trial of the cause.
At the January term, 1865, of the G-reene Circuit Court, the respondent, Thomas A. Reed, then sheriff of that county, presented his motion setting out substantially that in…
2Cited by3 opinions
- Poulson v. CollierMissouri Court of Appeals · 1885
- Strawbridge v. ClarkSupreme Court of Missouri · 1873
- Brookshire v. PowellSupreme Court of Missouri · 1960