Legal Opinion

Hambleton v. Lynch

Supreme Court of Missouri

Decided March 15, 1862PublishedCited by 3 opinions

Appeal from St. Louis Court of Common Pleas. Watson, as constable of St. Louis township, seized a negro slave by virtue of executions issued by L. Waite, a justice of the peace, in favor of Parker et al. against one Dunnell.

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Appeal from St. Louis Court of Common Pleas. Watson, as constable of St. Louis township, seized a negro slave by virtue of executions issued by L. Waite, a justice of the peace, in favor of Parker et al. against one Dunnell. The” plaintiff in this suit made his claim under oath, in accordance with the local act for St. Louis county, entitled “ An act concerning the duties of sheriff,” &c., of March 3,1855, (Session Acts, 1855, p. 464); and thereupon the plaintiffs in the execution gave the constable bond, and directed him to proceed with the sale, as required by the act. The defendant in this…

1Opinion of the CourtBates, Judge

Hambleton sued Lynch for possession of a slave. The slave had been seized in execution against a third person by constable Watson, who deposited him with Lynch, who was keeper of a negro yard, merely for safe keeping.

After the seizure of the slave by the constable, he was claimed by the plaintiff Hambleton, and thereupon the plaintiff in the executions gave indemnification bonds, as provided by the statute, and required the constable to sell the slave. Before sale, the slave was taken from the possession of Lynch by the proceedings in this case. At the trial, judgment was given for the…

2Cases cited1 opinion

  1. State ex rel. Goldsall v. WatsonSupreme Court of Missouri · 1860

3Cited by3 opinions

  1. Rosentreter v. BradyMissouri Court of Appeals · 1895
  2. Goldsmith v. TaussigMissouri Court of Appeals · 1895
  3. Studebaker Bros. Manufacturing Co. v. DavisMissouri Court of Appeals · 1909

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