Legal Opinion

Flentge v. Priest

Supreme Court of Missouri

Decided October 15, 1873PublishedCited by 3 opinions

Appeal from Cape Girardeau Court of Common Pleas. I. Our statute, (2 W. S., Ohap.;114,) giving to certain officers power and jurisdiction to order the arrest and seizure of public records, is in its nature a special writ of replevin, and can only issue to retake public property therein specified.

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Appeal from Cape Girardeau Court of Common Pleas. I. Our statute, (2 W. S., Ohap.;114,) giving to certain officers power and jurisdiction to order the arrest and seizure of public records, is in its nature a special writ of replevin, and can only issue to retake public property therein specified. The importance of such records to the public, as well as a sound public policy, forbid a resort to the usual and ordinary remedy under a claim and delivery of personal property, as provided for other cases. In so far as this statute particularly specifies against what' property the warrant is…

1Opinion of the CourtAdams, Judge

This was an action in the nature of replevin for the seal of Cape Girardeau County Court, a book called a “fee-book,” a Webster’s Dictionary, a German-English Dictionary, and a lot of revenue stamps of the value of thirty dollars.

The defendant by answer denied all the allegations of the petition, and then for further answer alleged, that the court had no jurisdiction, because the eounty seal and “ fee-book ” referred to had been delivered to the defendant under and by virtue of a writ, or warrant, issued by the judge of the Cape Girardeau Circuit Court, and that he held them under such…

2Cited by3 opinions

  1. Flentge v. PriestSupreme Court of Missouri · 1874
  2. State ex rel. Buchholz v. SeehornMissouri Court of Appeals · 1910
  3. State ex rel. Buchholz v. SeehornMissouri Court of Appeals · 1910

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