Legal Opinion

Huff v. Alsup

Supreme Court of Missouri

Decided October 15, 1876PublishedCited by 8 opinions

Appeal from, Sowell Circuit Court. A constable empowered or deputized by a justice of the peace has only power to serve and return any process issued under article 1, Wagn. Stat. 812.-(See p. 815, § 20.) A special constable has the legal power to execute an execution as well as any other process issued from a justice’s court. (Wagn. Stat. 815, § 20 ; Jones vs. Hopper, 9 Mo. 178.)

1Opinion of the CourtSherwood, Judge

Action for damages for wrongfully taking certain personal property. The defendants justified the taking under a writ of execution, and the only point requiring decision is, whether the writ, under the circumstances of the case at bar, constituted a valid defense to plaintiff’s action.

The law as it stood in 1835 (Stat. 1835, p. 352, § 20) undoubtedly gave sanction to the issuance of a writ of execution to a private person, on the occurrence of certain contingencies, as section 20 of the act approved March 21, 1835, provides that: “Every justice issuing any process authorized by this act, upon…

2Cases cited1 opinion

  1. Henoch v. ChaneySupreme Court of Missouri · 1875

3Cited by8 opinions

  1. Lemos v. MaddenWyoming Supreme Court · 1921
  2. Fletcher v. WearSupreme Court of Missouri · 1884
  3. Phillips Pipe Line Co. v. BrandstetterMissouri Court of Appeals · 1954
  4. Stegall v. American Pigment & Chemical Co.Missouri Court of Appeals · 1910
  5. State v. MaurerSupreme Court of Missouri · 1914

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