Legal Opinion

State ex rel. Farwell v. Leland

Supreme Court of Missouri

Decided April 15, 1884PublishedCited by 12 opinions

Appeal from Saline Circuit Court. — ITon. J. P. Strother, J udge. Reasonable diligence is a mixed question of law and fact, and the jury, in order to pass upon the same properly, should have all the facts and circumstances of the case before them. It was, therefore, error to exclude the evidence sought to be elicited from the defendant and his deputy. The court erred in refusing to give defendants’ instructions.

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Appeal from Saline Circuit Court. — ITon. J. P. Strother, J udge. Reasonable diligence is a mixed question of law and fact, and the jury, in order to pass upon the same properly, should have all the facts and circumstances of the case before them. It was, therefore, error to exclude the evidence sought to be elicited from the defendant and his deputy. The court erred in refusing to give defendants’ instructions. R. S. 1879, § 2338 ; Kirkland v. Ferguson, 13 Mo. 166. The instructions given for plaintiff, and by the court of its own motion, were misleading. The court properly refused to permit…

1Opinion of the Court

Ewing, C.

The plaintiffs in this suit sued J. W. Chil*262ton, in November, 1877, in the circuit court of Howard county on. a note and recovered judgment for $240.79. Sued out execution December 15, 1877, and on that day placed it in the hands of the defendant, Leland, sheriff of Howard county. It was returned the first Monday in April, 1878. On the same day another execution in favor of other parties and against Chilton was put into Leland’s hands. Before Leland levied, the defendant in the execution, Chilton, made an assignment and Leland returned the execution nulla bona. Thereupon the…

2Cases cited3 opinions

  1. Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
  2. Whitney v. ButterfieldCalifornia Supreme Court · 1859
  3. State ex rel. McMahan v. RollinsSupreme Court of Missouri · 1850

3Cited by12 opinions

  1. Hickman v. GreenSupreme Court of Missouri · 1894
  2. State v. MartinSupreme Court of Missouri · 1894
  3. McCormick v. City of St. LouisSupreme Court of Missouri · 1901
  4. Fitzgerald v. BarkerSupreme Court of Missouri · 1888
  5. State v. NoctonSupreme Court of Missouri · 1894

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