Brotherton ex rel. Smith v. Thomson
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. 1. A special order of court requiring the property to be produced at a specified time and place and delivered up to the sheriff is requisite under the statute; and an execution is no sufficient order ; Rev. Stat., 1835, sec. 14, p. 78, and sec. 37, p. 80. The words seem expressly to require that the defendant is to be ordered to produce the goods, “when and where” i. e., at a specified time and place. ,There could be no delivery without a…
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ERROR to St. Louis Circuit Court. 1. A special order of court requiring the property to be produced at a specified time and place and delivered up to the sheriff is requisite under the statute; and an execution is no sufficient order ; Rev. Stat., 1835, sec. 14, p. 78, and sec. 37, p. 80. The words seem expressly to require that the defendant is to be ordered to produce the goods, “when and where” i. e., at a specified time and place. ,There could be no delivery without a time and place. Then tbe words imply that tbe goods are to be always subject to the order of court. The causes of action…
1Opinion of the CourtMcBride, J.
This was an action of debt on a bond given to the late sheriff of St. Louis county for the redelivery or forthcoming of property attached, in the case of Smith and others against Cover and Gillispie, and the defendant Thomson who was security in the bond. That suit was brought to the March term, 1837, and the attachment levied on the property of the defendants, which was restored upon the execution of the bond. At a subsequent term judgment was rendered in the case, and execution issued thereon, which was returned “nulla bona.” No goods returned under the bond. Suit was then instituted on the…
2Cited by2 opinions
- McDonald v. LoewenMissouri Court of Appeals · 1910
- State ex rel. Burton v. McKeonMissouri Court of Appeals · 1887