State ex rel. Clement v. Rainey
Missouri Court of Appeals
Appeal from Greene Circuit Court. —lion. J. T. Neville, Judge. (1) If the execution is fair on its face and comes from a court having jurisdiction of the subject-mat-, ter it is the duty of the constable to serve the same. Turner v. Franklin, 29 M6. 285, 287-8; Merchant v. Bothwell, 60 Mo. App. 341, 348-9; Mechem’s Public Officers, secs. 745, 768; Cooley on Torts' (1 Ed.), pp. 449, 464; American and English Ency. Law (1 Ed.), p. 530. (2) That judgment is a finality.
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Appeal from Greene Circuit Court. —lion. J. T. Neville, Judge. (1) If the execution is fair on its face and comes from a court having jurisdiction of the subject-mat-, ter it is the duty of the constable to serve the same. Turner v. Franklin, 29 M6. 285, 287-8; Merchant v. Bothwell, 60 Mo. App. 341, 348-9; Mechem’s Public Officers, secs. 745, 768; Cooley on Torts' (1 Ed.), pp. 449, 464; American and English Ency. Law (1 Ed.), p. 530. (2) That judgment is a finality. It is not open to collateral attack by defendant in this case, and its regularity can not be called in question. For this reason…
1Opinion of the CourtGoode, J.
The relator, Clement, instituted this action against the defendant, Rainey, as constable of Campbell township, Greene county, Missouri, to recover damages on account of the failure of said Rainey to serve two executions issued by S. Brooksbank, a justice of the peace of said township, on a judgment obtained by Clement against A. D. Galbraith for the rent of certain premises and the possession of the same.
The petition is in four counts, the first of which prays damages for the failure to serve the first execution issued on said judgment on November 15, 1901, by placing the relator in…
2Cases cited11 opinions
- Splahn v. GillespieIndiana Supreme Court · 1874
- Howard v. ClarkSupreme Court of Missouri · 1869
- Davis v. McCannSupreme Court of Missouri · 1898
- Melcher v. ScruggsSupreme Court of Missouri · 1880
- State ex rel. Hannibal & St. Joseph Railroad v. ShacklettSupreme Court of Missouri · 1866
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3Cited by3 opinions
- Nest v. HainesMissouri Court of Appeals · 1915
- Commercial Real Estate & Brokerage Co. v. RiemannMissouri Court of Appeals · 1906
- Adams v. StocktonMissouri Court of Appeals · 1941