Garth v. McCampbell
Supreme Court of Missouri
ERROR to Callaway Circuit Court. POINTS AND AUTHORITIES. 1. The Court will permit amendments to show the truth of facts upon all writs of execution-3 Mars. 350, in lieu, see 2 Pirtle’s Digest, p. 224, §114. 2. The fact that the officer is to be benefitted or injured by the amendment, will not control the-discretion. 3. This motion is an equitable one, and the Court will substitute an officer- for the plaintiff' where he has, even hy negligence, been compelled to pay money…
Read the full summary
ERROR to Callaway Circuit Court. POINTS AND AUTHORITIES. 1. The Court will permit amendments to show the truth of facts upon all writs of execution-3 Mars. 350, in lieu, see 2 Pirtle’s Digest, p. 224, §114. 2. The fact that the officer is to be benefitted or injured by the amendment, will not control the-discretion. 3. This motion is an equitable one, and the Court will substitute an officer- for the plaintiff' where he has, even hy negligence, been compelled to pay money for defendants in- an execution y and will permit him, with plaintiff’s consent, to use the execution to recover…
1Opinion of the CourtScott, J.
Garth recovered a judgment against McCampbell, the Sheriff of Callaway County, and his securities. An execution was issued on the judgment and placed in the hands of Bailey, the Coroner. Influenced by the representations and promises of others, and believing that the money would be paid, Bailey returned the execution, “ satisfied by order of the plaintiff’s attorney ” without having received the money. Finding that his return rendered him liable for the debt, Bailey satisfied it. He then made a motion, which is the ground work of the proceeding, to amend his return, so that the execution may…
2Cases cited2 opinions
- Elmendorph v. TappenNew York Supreme Court · 1809
- Yoder v. BriggsCourt of Appeals of Kentucky · 1813
3Cited by2 opinions
- Edgerly v. EmersonSuperior Court of New Hampshire · 1851
- Heilig v. . LemleySupreme Court of North Carolina · 1876