Allen v. Davis
Missouri Court of Appeals
Error to the Webster Circuit Court. — Hon. W. L. Wallace, Judge. These executions having been afterwards fully satisfied out of the property, the plaintiff was not in any event entitled to recover more than nominal damages for the trespass by defendants, if they were guilty of trespass.
Read the full summary
Error to the Webster Circuit Court. — Hon. W. L. Wallace, Judge. These executions having been afterwards fully satisfied out of the property, the plaintiff was not in any event entitled to recover more than nominal damages for the trespass by defendants, if they were guilty of trespass. “The special property of the officer has. no further existence or effect than is necessary to. obtain the end sought by the levy of the writ.” 2 Freeman on Executions, sec. 268, and cases cited. “A bailee, mortgagee or other special property man in. actions for the taking or conversion of personal property is…
1Opinion of the CourtBiggs, J.
— This is an action for damages for the. unlawful seizure of personal property. It originated in the circuit court of Wright county, was taken by change of venue to the circuit court of Webster county, where it was tried, resulting in a verdict and judgment. against the defendants for the sum of $816.33.
It is contended by the defendants on this appeal that, under the law and the evidence, the plaintiff’s, recovery should not under any view have exceeded nominal damages. This aspect of the case does not seem to have been presented by the defendants’ instructions, but, as the grounds stated in…
2Cases cited2 opinions
- St. Louis Perpetual Insurance v. CohenSupreme Court of Missouri · 1845
- State ex rel. Frank v. CurranMissouri Court of Appeals · 1891