Stevenson v. Judy
Supreme Court of Missouri
Error lo .First District Court. I. Defendant in the execution was in possession of property more than adequate to satisfy the- execution, as shown by the evidence. His possession was presumptive of ownership. Hence plaintiffs in error were entitled to recover. (1 J. J. Marsh. 533 ; 30 Mo. 126, 129 ; Wagn. Stat. 60'4,’§ 68.) II. Eailure to return the execution according to the •commands of the writ was sufficient to warrant a recovery of nominal damages. (Wagn.
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Error lo .First District Court. I. Defendant in the execution was in possession of property more than adequate to satisfy the- execution, as shown by the evidence. His possession was presumptive of ownership. Hence plaintiffs in error were entitled to recover. (1 J. J. Marsh. 533 ; 30 Mo. 126, 129 ; Wagn. Stat. 60'4,’§ 68.) II. Eailure to return the execution according to the •commands of the writ was sufficient to warrant a recovery of nominal damages. (Wagn. Stat. 604-5, § 64.) I. Two distinct causes of action, given by statute (Wagn. Stat. 614, §§ 63, 64) are improperly joined in one…
1Opinion of the CourtBliss, Judge
This suit was brought against the defendant, as sheriff of Cass county, for failing to levy upon goods and lands of an execution-debtor, and for failing to make return of the execution at the proper term. This is not a suit upon the sheriff’s bond. The two causes of action are united in one count, and the damages are charged but once, and are predicated upon both causes of action. The defendant claims that they should be treated as predicated upon the failure to levy, and .that no damages are claimed for failing to make return, and consequently, even if a liability is shown for the latter…
2Cases cited3 opinions
- Mooney v. KennettSupreme Court of Missouri · 1854
- House v. LowellSupreme Court of Missouri · 1870
- Otis v. Mechanics' BankSupreme Court of Missouri · 1864
3Cited by8 opinions
- Fadley v. SmithMissouri Court of Appeals · 1886
- Boyd v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Foster v. WagenerSupreme Court of Minnesota · 1915
- Kiskaddon v. JonesSupreme Court of Missouri · 1876
- State ex rel. Ross v. CaseSupreme Court of Missouri · 1883
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