State ex rel. Armour Packing Co. v. Dickmann
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Upon the uncontroverted evidence the verdict and judgment should have been for the plaintiff.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Upon the uncontroverted evidence the verdict and judgment should have been for the plaintiff. The amended answer admitted that the defendant Dickmann, as sheriff, made the return, and the testimony of the witnesses Boyd, Murray and Grissom, together with the evidence supplied by the charters of Armour & Company and the Armour Packing Company, none of which was contradicted or impeached, conclusively proved its falsity. The essential elements of recovery were thereby established and a judgment for the defendants is…
1Opinion of the CourtNortoni, J.
This is a suit on the sheriff’s official bond. The finding and judgment were for the defendant and plaintiff appeals. The breach alleged relates to the fact that the sheriff, through one of his deputies, made a false return on a writ of summons to the effect that he had personally served the present plaintiff, the Armour Packing Company, in a suit pending in the circuit court wherein the Regent Realty Company aves plaintiff and the Armour Packing Company was defendant. As a result of the false return, a judgment was given in that case against the plaintiff for several hundred dollars. The…
2Cases cited10 opinions
- Edmonson v. KiteSupreme Court of Missouri · 1869
- Hood v. MathisSupreme Court of Missouri · 1855
- Cohen v. KylerSupreme Court of Missouri · 1858
- Regent Realty Co. v. Armour Packing Co.Missouri Court of Appeals · 1905
- State ex rel. Goddard, Peck & Co. v. RayburnMissouri Court of Appeals · 1886
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3Cited by17 opinions
- Wise v. TowseMissouri Court of Appeals · 1963
- State Ex Rel. Moore v. MorantMissouri Court of Appeals · 1954
- Stipp v. Tsutomi KarasawaSupreme Court of Missouri · 1958
- Patison v. CampbellSupreme Court of Missouri · 1960
- Marsh v. HawkinsCourt of Appeals of Arizona · 1968
12 more not listed; retrieve them via the Exa API.