Legal Opinion

State Bank v. Steinberg

Missouri Court of Appeals

Decided April 7, 1891PublishedCited by 1 opinion

Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Where funds are in court under an execution* the distribution is under the rules of the common law and not under section 570, Revised Statutes, 1889. Swallow v. Duncan, 18 Mo. App. 631. (2) Goods seized under execution cannot be seized under other process; but a levy may be imposed by suitable notice. Metzner v. Graham, 57 Mo. 404; Patterson ». Stephenson, 77 Mo. 329.

1Opinion of the CourtRombauer, P. J.

This is a contest between two-attaching creditors, and arises upon the following facts: The plaintiff obtained a judgment against the defendant in the circuit court on April 30, 1890, and the appellant sheriff, under an execution issued on that judgment* seized the defendant’s goods. On the second of May* 1890, the respondents sued out a writ of attachment before a justice, and caused that writ to be levied on the same goods, subject to the prior levy of the execution. This attachment proceeding was prosecuted to final judgment before the justice on the nineteenth of May, 1890. In the…

2Cases cited3 opinions

  1. Metzner v. GrahamSupreme Court of Missouri · 1874
  2. Swallow v. DuncanMissouri Court of Appeals · 1885
  3. Patterson v. StephensonSupreme Court of Missouri · 1883

3Cited by1 opinion

  1. Hambley v. . WhiteSupreme Court of North Carolina · 1926

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