State ex rel. Lemon v. Rucker
Missouri Court of Appeals
Error to Jackson Circuit Court, Hon. Turner A. Gtill, Judge. The case and facts are stated in the opinion of the court. I. The testimony offered, and refused, tended to show that the constable violated his duty; was notified that he was about to sell the property of another (not the defendant), and had put upon him the duty of taking an indemnifying bond, in compliance with the statute. It was error to exclude it. Rev. Stat., sect. 3023. II.
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Error to Jackson Circuit Court, Hon. Turner A. Gtill, Judge. The case and facts are stated in the opinion of the court. I. The testimony offered, and refused, tended to show that the constable violated his duty; was notified that he was about to sell the property of another (not the defendant), and had put upon him the duty of taking an indemnifying bond, in compliance with the statute. It was error to exclude it. Rev. Stat., sect. 3023. II. A judgment against a married woman is void. In such cases the court is devoid of jurisdiction, has no power to act, and the proceeding is coram non…
1Opinion of the CourtEllison, J.
This was an action against defendant, Rucker, as principal, and the other defendants, as sureties, on the official bond given by Rucker, as constable of Kaw township, Jackson county. The breach assigned was, that said Rucker, as constable, under an execution on a judgment rendered by a justice of the peace, in favor of Milton Welsh, and against. Sarah Gilstrap, a married woman, levied upon, seized, and sold, a lot of household goods belonging to plaintiff, it being also stated that he failed, although legally notified in writing to take an indemnifying bond, before sale, from said Welsh, such…
2Cases cited3 opinions
- Melcher v. ScruggsSupreme Court of Missouri · 1880
- Miller v. BrownSupreme Court of Missouri · 1832
- Bangs v. GrayNew York Court of Appeals · 1855
3Cited by6 opinions
- Updyke v. WheelerMissouri Court of Appeals · 1889
- Kirk v. KaneMissouri Court of Appeals · 1901
- Clarke v. LairdMissouri Court of Appeals · 1895
- Kesse v. WilsonMissouri Court of Appeals · 1909
- Nest v. HainesMissouri Court of Appeals · 1915
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