Bay v. Sullivan
Supreme Court of Missouri
Appeal from St. Louis Circuit Cowrt. This was a suit for the value of a horse. The horse was sold by a constable under two executions, one in favor of Sullivan, the other in favor of Westcott, both of whom are parties defendant in this suit. The levy was made by order of both of the defendants. Upon claim being made by the plaintiff in this suit, separate bonds were given to the constable, who proceeded to make sale.
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Appeal from St. Louis Circuit Cowrt. This was a suit for the value of a horse. The horse was sold by a constable under two executions, one in favor of Sullivan, the other in favor of Westcott, both of whom are parties defendant in this suit. The levy was made by order of both of the defendants. Upon claim being made by the plaintiff in this suit, separate bonds were given to the constable, who proceeded to make sale. At the trial the defendants separately moved that they might be separately examined as witnesses, each in behalf of his co-defendant. The court refused so to rule. The plaintiff…
1Opinion of the CourtScott, Judge
J. S. Talbot conveyed a horse to the plaintiff Bay in trust for the sole and separate use of Mora Byrne, the wife of Edmond Byrne. In the instrument of conveyance it is recited that the sale of the horse was in consideration of one hundred and thirty dollars paid by Flora Byrne and the sum of one dollar paid by the trustee Bay. The horse thus conveyed to Bay was levied on by the constable by the direction of the defendant Sullivan, who had an execution against Edmond Byrne, the husband of Flora Byrne. The horse was sold, and this suit was brought to recover in damages his value. There was a…
2Cited by1 opinion
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