Holker v. Hennessey
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) From the date of the arrest of Hennessey and Green by sheriff B. F. Pixler, the appellant, Holker, had a lien upon the estate of such criminals and upon the revolvers, watch, diamond and $246 which the sheriff took into his possession and received from such prisoners, subject only to such lien, if any, held by the State.
Read the full summary
Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) From the date of the arrest of Hennessey and Green by sheriff B. F. Pixler, the appellant, Holker, had a lien upon the estate of such criminals and upon the revolvers, watch, diamond and $246 which the sheriff took into his possession and received from such prisoners, subject only to such lien, if any, held by the State. R. S. 1889, sec. 4317. (2) The State has no lien upon the money and property which the garnishee (sheriff) received from the prisoners. The State’s lien dates from conviction in such eases. R. S. 1889, sec.…
1Opinion of the CourtMaceablane, J.
— The suit is against Hennessey and Green to recover $5,000, of which amount plaintiff charges that defendant robbed him. In aid of the suit an attachment issued and was placed in the hands of the coroner, and defendant Pixler, sheriff of Nodaway county, was summoned as garnishee.
Garnishee made answer to the usual interrogatories as follows:
“That at the date of service of process of garnishment, he did not have, nor has he since received, any *531property, effects, or credits belonging to any of defendants ; unless the following statement of' facts should be held to show property in his hands…
2Cases cited4 opinions
- Ex parte HurnSupreme Court of Alabama · 1890
- Byler v. JonesSupreme Court of Missouri · 1883
- Dowd v. Westinghouse Air Brake Co.Supreme Court of Missouri · 1896
- Dowd v. Westinghouse Air Brake Co.Missouri Court of Appeals · 1894
3Cited by48 opinions
- United States v. RobinsonSupreme Court of the United States · 1973
- Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
- Riley v. Cal. United StatesSupreme Court of the United States · 2014
- Davis v. United StatesSupreme Court of the United States · 1946
- Youman v. CommonwealthCourt of Appeals of Kentucky · 1920
43 more not listed; retrieve them via the Exa API.