State ex rel. Brennan v. Dierker
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. —Hon. Elliott M. Hughes, Judge. STATEMENT OF FACTS. This is an action on the official bond of the respondent, Dierker, as sheriff of St. Charles county, to recover damages from him and his sureties for an alleged malicious arrest of the appellant in said county on November 10, 1901. Appellant was arrested for hunting on Sunday and for attempting to carry eight quail out of the county, which he was charged with having killed therein.
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Appeal from Montgomery Circuit Court. —Hon. Elliott M. Hughes, Judge. STATEMENT OF FACTS. This is an action on the official bond of the respondent, Dierker, as sheriff of St. Charles county, to recover damages from him and his sureties for an alleged malicious arrest of the appellant in said county on November 10, 1901. Appellant was arrested for hunting on Sunday and for attempting to carry eight quail out of the county, which he was charged with having killed therein. The petition, after making formal averments in regard to the election of Dierker as sheriff and the execution of his bond…
1Opinion of the CourtGoode, J.
We deem it unnecessary to consider and decide as to whether the record of the justice of the peace imports such absolute verity that evidence was inadmissible to show it was not based on any valid prosecution, and that the defendant in fact positively refused to plead guilty. It will be seen that the judgment is based on two supposed criminal charges, one for attempting to transport quail out of St. Charles county, and the other for hunting on Sunday. It is conceded by respondent’s counsel that Dierker had no right to arrest the appellant for the latter offense without a warrant, because, if…
2Cases cited24 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- People Ex Rel. Kellogg v. SchuylerNew York Court of Appeals · 1850
- State v. HolcombSupreme Court of Missouri · 1885
- State v. UnderwoodSupreme Court of Missouri · 1881
- State v. GrantSupreme Court of Missouri · 1882
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3Cited by15 opinions
- Helgeson Ex Rel. Helgeson v. PowellIdaho Supreme Court · 1934
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942
- City of Advance v. Maryland Casualty CompanySupreme Court of Missouri · 1957
- State Ex Rel. Kaercher v. RothSupreme Court of Missouri · 1932
- State v. GartlandSupreme Court of Missouri · 1924
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