McKnight v. Spain ex rel. Field
Supreme Court of Missouri
APPEAL FROM ST. LOUIS CIRCUIT COURT. The property in question belonging to Spain at the time of arrest was by lien bound for the payment of the costs of the prosecution by Spain. And Spain being convicted, he levied upon the property and money to satisfy the execution according to the 30th section of the 8th article cf Practice and Procee’dings in Criminal Cases.
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APPEAL FROM ST. LOUIS CIRCUIT COURT. The property in question belonging to Spain at the time of arrest was by lien bound for the payment of the costs of the prosecution by Spain. And Spain being convicted, he levied upon the property and money to satisfy the execution according to the 30th section of the 8th article cf Practice and Procee’dings in Criminal Cases. Rev. Stat. 1845, p. 887, § 30. The appellee insists in this case that upon the whole record, the case was decided as it should have been, for the plaintiffs below: 1st. Because it was not shown by any proof offered in the case, that…
1Opinion of the CourtRyland, J.
This was originally an action of assumpsit brought before a justice of the peace in St. Louis township, by the appellee, William Spain, for the use of A. P. Field, against the defendant, William S. McKniglit, for the sum of ninety dollars, for money and property levied upon by McKniglit, by virtue of an execution from the Criminal Court, in favor of the State of Missouri against said William Spain. From the record and proceedings below, we find the following facts : Spain was arrested by James McDon-ough, captain of the city watch, for grand larceny. McDonough found upon his person a one…
2Cited by5 opinions
- Beedle v. MeadSupreme Court of Missouri · 1883
- Bobb v. GrahamMissouri Court of Appeals · 1884
- Meyer ex rel. Steinemeyer v. MehrhoffMissouri Court of Appeals · 1885
- Silver Bow County v. StrumbaughMontana Supreme Court · 1889
- Mathewson v. FredrichSouth Dakota Supreme Court · 1905