Gabriel v. Mullen
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. G-. McG-begob, Judge. (1) There was no judgment against Jennie R. G-abriel, and no execution issued against her, and, therefore, no levy could be made on her property under the execution against her husband, John E. G-abriel, held by defendant Mullen.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. M. G-. McG-begob, Judge. (1) There was no judgment against Jennie R. G-abriel, and no execution issued against her, and, therefore, no levy could be made on her property under the execution against her husband, John E. G-abriel, held by defendant Mullen. The property of plaintiff could only be taken from her by due process of law, and her property is not subject to an execution issued upon a judgment rendered against her husband in a proceeding to which she was not a party. State to use v. Armstrong, 25 Mo. App. 532; Cage v. Gates, 62 Mo. 412; Lincoln…
1Opinion of the Court
DIVISION ONE.
Bakclay, J.
This is a statutory action in the nature of replevin to recover possession of a roan mare as the property of the plaintiff, Mrs. Jennie R. Grab riel, a married woman. The defendant, a constable, asserted by his answer a special property in the animal by virtue of a levy upon an execution against John E. Gabriel, husband of the present plaintiff.
Plaintiff obtained possession of the property under an order of delivery, having given the usual bond in replevin therefor.
*122The case was tried before a jury; a verdict for defendant resulted, and plaintiff appealed to the Kansas…
2Cases cited16 opinions
- Potter v. McDowellSupreme Court of Missouri · 1860
- Winslow v. UrquhartWisconsin Supreme Court · 1875
- Phipps v. KellyOregon Supreme Court · 1885
- Janney v. BuellSupreme Court of Alabama · 1876
- Lawrence v. SinnamonSupreme Court of Iowa · 1867
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. EckhardtSupreme Court of Missouri · 1910
- Steam Stonecutter Co. v. MyersMissouri Court of Appeals · 1896
- Moss v. WhitzelU.S. Circuit Court for the District of Western Missouri · 1901
- Hutcherson v. KriegMissouri Court of Appeals · 1947
- Megraw v. WoodsMissouri Court of Appeals · 1902
7 more not listed; retrieve them via the Exa API.