9 Mo. 711 (Mo. 1846), Clark v. Holliday
Date | Invalid date |
Citation | 9 Mo. 711 |
Docket Number | . |
Parties | CLARK v. HOLLIDAY. |
Court | Missouri Supreme Court |
Page 711
ERROR TO CALLAWAY CIRCUIT COURT.
Isaac Clark commenced in the Callaway Circuit Court, to the October term, 1843, his action against Marshall Holliday. The attachment was levied on the real estate of the defendant, and as to the defendant, returned " not found in Callaway county." At the return term, the defendant not appearing to the action, the plaintiff obtained an order of publication against him; and at the succeeding April term, 1844, the defendant still failing to enter his appearance, and publication having been made against him, the court entered a judgment of default, and awarded a writ of inquiry returnable to the next term of the court. At the October term, 1844, the damages of the plaintiff were assessed by a jury, and a general judgment rendered thereon. On this judgment an execution was issued to the sheriff of Callaway county, commanding him to make the damages and costs by a sale of the real estate attached. A sale was made which produced but a small fraction of the damages and costs, and the execution returned not satisfied as to the residue. Afterwards, on the 8th of May, 1845, a second...
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