State ex rel. O'Bryan v. Koontz
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. The motion to strike out part of defendant’s answer, should have been overruled by the court.
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Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. The motion to strike out part of defendant’s answer, should have been overruled by the court. Where an officer has reason to doubt whether the goods upon which he is directed to levy an attachment are the property of the defendant in the writ, he may insist on being indemnified for any mistake he may make in taking goods not the property of the debtor, and upon the refusal of the plaintiff to give such indemnity, the officer may refuse to ' proceed with the levy. This was the common law and there is no statute abrogating it in…
1Opinion of the Court
Philips, C.
This is an action against the defendant, Koontz, as constable, on his official bond for wrongfully releasing property seized under a writ of attachment in favor of the relator, J. H. O’Bryan. The facts, briefly, are, that one Charles Kaufman owed said O’ Bryan the sum of $80. Said Kaufman lived in the neighborhood of Tipton in Moniteau county. He seems to have sold out everything there save a horse and mule and two or three wagons, which horse and mule and a wagon, perhaps, he took with him to the town of Boonvillein Cooper county. On his arrival there O’Bryan sued him on said…
2Cases cited13 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- Russell & Co. v. State Ins.Supreme Court of Missouri · 1874
- State ex rel. Gates v. FitzpatrickSupreme Court of Missouri · 1876
- Bosley v. FarquarIndiana Supreme Court · 1827
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Commerce Trust Co. v. WoodburyCourt of Appeals for the Eighth Circuit · 1935
- Hoffman v. NolteSupreme Court of Missouri · 1895
- Montgomery County v. AuchleySupreme Court of Missouri · 1890
- State ex rel. Goddard, Peck & Co. v. RayburnMissouri Court of Appeals · 1886
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
12 more not listed; retrieve them via the Exa API.