Section 570.432 – Sale of Craft; Bill of Sale, Contents, Use as Evidence, Effect on Title.
570.432 Sale of craft; bill of sale, contents, use as evidence, effect on title. Sec. 32. A copy of the last enrollment, if any, of such watercraft, shall be recited in the bill of sale, if such copy can be obtained; and a copy of the judgment or decree, with the order of sale, shall […]
Section 570.433 – Sale of Craft; Distribution of Proceeds.
570.433 Sale of craft; distribution of proceeds. Sec. 33. The sum delivered by the sheriff, to the clerk as aforesaid, shall be distributed by the court, or by the circuit judge at chambers, upon motion of any party in interest of record, prior to the sale, and due notice to the other parties, and after […]
Section 570.434 – Sale of Craft; Distribution of Surplus.
570.434 Sale of craft; distribution of surplus. Sec. 34. Any portion of the sum so paid by the sheriff to the clerk, or of a deposit remaining after such distribution as aforesaid shall be denominated surplus proceeds, and when any claim or complaint shall be filed against the same, as provided in section 11 of […]
Section 570.435 – Sale of Craft; Payment of Claims Based on Subsequent Decree or Appeal.
570.435 Sale of craft; payment of claims based on subsequent decree or appeal. Sec. 35. In case the sum for which the water-craft is sold, is sufficient to pay all the claims filed before sale, with costs thereon, the court may, from time to time, order such claim and costs thereon to be paid, in […]
Section 570.436 – Appeal to Supreme Court; Claim, Bond.
570.436 Appeal to supreme court; claim, bond. Sec. 36. Any party complaining or defending, who may think himself aggrieved by the final decree or judgment of the court, may appeal therefrom to the supreme court; a claim of appeal shall be filed with the clerk within 10 days after the making of the decree or […]
Section 570.437 – Appeal to Supreme Court; Transcript of Record.
570.437 Appeal to supreme court; transcript of record. Sec. 37. Upon such appeal being perfected, it shall be the duty of the clerk to prepare a transcript of the pleadings, and the judgment or decree of the court below, and send up the same with any original depositions taken in the case, within 20 days […]
Section 570.438 – Appeal to Supreme Court; Hearing De Novo.
570.438 Appeal to supreme court; hearing de novo. Sec. 38. The hearing in the supreme court shall be de novo upon such transcript and depositions, and further testimony taken as provided in the next section. History: 1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;– CL 1871, 6683 ;– How. 8272 ;– CL 1897, […]
Section 570.439 – Appeal to Supreme Court; Jurisdiction, Acquisition, Taking of Testimony.
570.439 Appeal to supreme court; jurisdiction, acquisition, taking of testimony. Sec. 39. The causes shall be considered as in the supreme court, from the perfecting of the appeal; and at any time within 60 days thereafter, unless the time shall be extended by order of any justice of the court, either party may take testimony […]
Section 570.440 – Appeal to Supreme Court; Order.
570.440 Appeal to supreme court; order. Sec. 40. The supreme court shall hear and determine such appeal, and shall have power to reverse, affirm or modify the judgment or decree of the court below, and to make such other order as shall be just. History: 1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;– […]
Section 570.429 – Judgment for Complainant; in Rem.
570.429 Judgment for complainant; in rem. Sec. 29. In case the water-craft has not been discharged from custody, the judgment or decree shall be in form against the water-craft, with an additional order that the same, with the appurtenances, be sold at public vendue by the sheriff, after notice of the time and place of […]