Kreher v. Mason
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. If a ministerial officer simply obeys the mandate of a writ, fair on its face, and issued by a court of competent jurisdiction, lie cannot, in so doing, be held as a tort-feasor. The seizure of the books was not per se an attachment of the accounts therein entered, but was, as this court has .Said (Elliot v. Bowman, 17 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. If a ministerial officer simply obeys the mandate of a writ, fair on its face, and issued by a court of competent jurisdiction, lie cannot, in so doing, be held as a tort-feasor. The seizure of the books was not per se an attachment of the accounts therein entered, but was, as this court has .Said (Elliot v. Bowman, 17 Mo. App. 693), an incipient or “inchoate levy,” a preliminary step necessary to be taken in order to enable the court to acquire subsequent jurisdiction over the debtors thus disclosed, by garnishment or…
1Opinion of the CourtPeers, J.
An action of trover originating in the circuit court of the- city of St. Louis, where on a trial before the court sitting as a jury judgment was rendered for plaintiff in the sum of $2,095.58. Motions in arrest of judgment and for new trial were filed, and being overruled the case comes here by appeal.
The importance of the principle involved in the case has induced us to set out the pleadings in full. The petition was filed March 21, 1885, and is as follows:
“Plaintiff states that the' defendant Isaac M. Mason, is and at the times hereinafter mentioned and referred to was, the sheriff of and…
2Cases cited29 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Gillet v. . RobertsNew York Court of Appeals · 1874
- Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
- Connah v. HaleNew York Supreme Court · 1840
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3Cited by4 opinions
- Woods v. WillsDistrict Court, E.D. Missouri · 2005
- Guarantee Bond & Mortgage Co. v. HildingMichigan Supreme Court · 1929
- Midland Linseed Co. v. American Liquid Fireproofing Co.Supreme Court of Iowa · 1918
- Fleisch v. National BankMissouri Court of Appeals · 1891