State Ex Rel. Blackburn Motor Co. v. Litzinger

DOERNER, Commissioner.

This is an action against the sheriff of St. Louis County and the surety on his official bond to recover damages of $5,500. Defendants’ individual motions to dismiss plaintiff’s petition were sustained, but although the court’s order recited that such dismissal was without prejudice plaintiff chose to appeal, as sanctioned by Hase-meier v. Smith, Mo., 361 S.W.2d 697. The Supreme Court, to which the appeal was taken, ruled that it did not have jurisdiction because of the amount involved and transferred the cause to this court.

The present action arose out of an attachment…