State ex rel. Clement v. Stokes
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. J. T. Neville, Judge. (1) Five days after the execution was delivered to the said J. D. Stokes this cause of action arose: Revised Statutes 1899, section 4133, commands the constable to deliver possession to the landlord within five days from the time of receiving said execution. Execution can be issued to the township in which defendant resides.
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Appeal from Greene Circuit Court. — Hon. J. T. Neville, Judge. (1) Five days after the execution was delivered to the said J. D. Stokes this cause of action arose: Revised Statutes 1899, section 4133, commands the constable to deliver possession to the landlord within five days from the time of receiving said execution. Execution can be issued to the township in which defendant resides. R. S. 1889, sec. 4036. (2) Where an execution is fair on its face, and comes from a court, having jurisdiction of the subject-matter of the cause of action recited in the execution, it is the duty of the…
1Opinion of the CourtCootie, J.
The facts of this case are in the main the same as those of State ex rel. Clement v. Rainey, 99 Mo. App. (St. L.) 218. That case was an action against Rainey and the sureties. on his bond as constable, instituted by relator, Clement, because of the refusal of Rainey to serve an execution issued by a justice of the peace commanding him to put the relator in possession of' certain premises, he having obtained judgment for the possession thereof before the justice who issued the writ.
The present action was instituted to compel the defendant, Stokes, to whom an alias execution had issued of the…
2Cases cited2 opinions
- Fremont v. CrippenCalifornia Supreme Court · 1858
- North Pacific Coast Railroad v. GardnerCalifornia Supreme Court · 1889
3Cited by1 opinion
- Commercial Real Estate & Brokerage Co. v. RiemannMissouri Court of Appeals · 1906