Linck v. Troll
Missouri Court of Appeals
Appeal from tbe St. Louis Oity Circuit Court.—Hon. Daniel D. Fisher, Judge. (.1) Tbe appeal in tbe attachment suit operated as a supersedeas. Laws of 1891, p. 45. (2) It was tbe duty of defendant, as sheriff, to protect claimant in bis exemption right. State v. Barada, 57 Mo. 567; State v. Barnett, 96 Mo. 140; State v. Bierwirth, 47 Mo. App. 553; Eisenberg v. Paulus, 70 Mo.
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Appeal from tbe St. Louis Oity Circuit Court.—Hon. Daniel D. Fisher, Judge. (.1) Tbe appeal in tbe attachment suit operated as a supersedeas. Laws of 1891, p. 45. (2) It was tbe duty of defendant, as sheriff, to protect claimant in bis exemption right. State v. Barada, 57 Mo. 567; State v. Barnett, 96 Mo. 140; State v. Bierwirth, 47 Mo. App. 553; Eisenberg v. Paulus, 70 Mo. App. 438. (3) But even bad tbe court known of tbe claim, it could not pass on it, as such a claim, when contested, can only be adjudged in a separate suit. The sheriff at most ought to have reserved tbe amount of $300, and…
1Opinion of the CourtBland, P. J.
On July 26, 1895, Annie Mahner commenced a suit by attachment in the St. Louis Circuit Oourt against Edward O. Linck and wife. . One of the grounds set forth in Mrs. Mahner’s affidavit for attachment, was that “Edward O. Linck is about to remove out of the state of Missouri -with the intent to change his domicile.” A writ of attachment was issued and delivered to the sheriff, by virtue of which be levied upon a lot of wall paper, oil-cloth, etc., found in Linck’s store in the city of St. Louis. The attached property, being of a perishable nature, the court ordered its sale by the sheriff…
2Cases cited15 opinions
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- Osborne v. SchuttSupreme Court of Missouri · 1878
- Burgess v. O'DonoghueSupreme Court of Missouri · 1886
- Garrett v. WagnerSupreme Court of Missouri · 1894
- Stotesbury v. KirtlandMissouri Court of Appeals · 1889
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3Cited by5 opinions
- State ex rel. Froidl v. TillmanMissouri Court of Appeals · 1983
- Rolla State Bank v. BorgfeldMissouri Court of Appeals · 1902
- Colliseum Athletic Assn. v. DillonMissouri Court of Appeals · 1920
- State Ex Rel. Dean v. DouglasMissouri Court of Appeals · 1942
- Cloyes v. Powder-Power Tool Corp.District Court, W.D. Missouri · 1954