Wertheimer v. Howard
Supreme Court of Missouri
Error to Cooper Circuit Court. The plaintiff sets forth in his petition in this cause that the defendant, in July, 1857, was a justice of the peace, duly elected and qualified, for Boonville township, Cooper county; that on July 11,1857, the plaintiff recovered two judgments before the defendant as justice of the peace against one Christian Mittleback, each for $181.40, together with costs; that he directed said justice forthwith to issue executions upon said judgments ;…
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Error to Cooper Circuit Court. The plaintiff sets forth in his petition in this cause that the defendant, in July, 1857, was a justice of the peace, duly elected and qualified, for Boonville township, Cooper county; that on July 11,1857, the plaintiff recovered two judgments before the defendant as justice of the peace against one Christian Mittleback, each for $181.40, together with costs; that he directed said justice forthwith to issue executions upon said judgments ; that the said justice did so issue, but, in filling up, preparing and issuing the same, so negligently, carelessly and'…
1Opinion of the CourtNapton, Judge
' This case is an embarrassing one, in view of the multiplied and conflicting opinions which have been entertained concerning ministerial and judicial acts ; but after considerable reflection, our conclusion has been to let the judgment of the circuit court stand.
The difficulties in drawing a line of distinction between judicial and ministerial acts, in reference to the duties which our statutes have confided to justices of the peace, are not readily removed; and, upon principles of public policy as well as equity, we are not disposed, in determining their responsibilities, to adopt the rules…
2Cited by9 opinions
- Yelton v. BeckerMissouri Court of Appeals · 1952
- White v. ConleyWest Virginia Supreme Court · 1930
- Ostmann v. FreyMissouri Court of Appeals · 1910
- Ceinar v. JohnstonCalifornia Court of Appeal · 1933
- Ostmann v. FreyMissouri Court of Appeals · 1910
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