Mahan v. Scruggs
Supreme Court of Missouri
Error to Cole Circuit Court, This was an action to recover damages against a constable for failing to make the money on an execution. Mahan, the plaintiff in this suit, obtained a judgment against one Williams. Upon this about sixty dollars were due. The constable garnished a debt due Williams for eighty dollars.
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Error to Cole Circuit Court, This was an action to recover damages against a constable for failing to make the money on an execution. Mahan, the plaintiff in this suit, obtained a judgment against one Williams. Upon this about sixty dollars were due. The constable garnished a debt due Williams for eighty dollars. He also levied upon a horse valued at sixty dollars, and some other personal property, all of which, including the horse when appraised, did not amount in value to one hundred and fifty dollars. The constable advised Williams that he had a right to elect and take property of the…
1Opinion of the CourtNapton, Judge
The case turned altogether upon the construction of the twelfth and thirteenth sections of the act concerning executions.
The last eight clauses in the twelfth section provide for exemptions which are independent of circumstances, and present no difficulties of construction. The first two clauses exempt ten hogs, ten sheep, two cows and calves, one plough, &c., and work animals to the value of sixty-five dollars. Then the thirteenth section provides that in lieu of the property mentioned in these two clauses, the defendant may select “any other property, real, personal'or mixed, or debts and…
2Cited by5 opinions
- State ex rel. Conklin v. BaradaSupreme Court of Missouri · 1874
- Bank of Brimson v. GrahamSupreme Court of Missouri · 1934
- Harrison v. HanceSupreme Court of Missouri · 1866
- Martin v. BarnettMissouri Court of Appeals · 1911
- State ex rel. Henneke v. WolfMissouri Court of Appeals · 1899