State ex rel. Poor v. Steel
Supreme Court of Missouri
ERROR to Pike Circuit Court. The only question to be decided is, whether the court below committed error in sustaining the demurrer of the defendant to the declaration; or, in other words, whether á legal cause of action is set forth in any or either of the breaches assigned, for if any of the braeches assigned be good, the demurrer should have been overruled. State, to the use of Darland, adm’r, &c. vs. Porter, 9 Mo.
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ERROR to Pike Circuit Court. The only question to be decided is, whether the court below committed error in sustaining the demurrer of the defendant to the declaration; or, in other words, whether á legal cause of action is set forth in any or either of the breaches assigned, for if any of the braeches assigned be good, the demurrer should have been overruled. State, to the use of Darland, adm’r, &c. vs. Porter, 9 Mo. R., 356. 1. The 1st, 2nd, 3rd, 4th and 5th breaches assigned are bad in not having set out the lact that the writ ran in the name of the State. In seeking to make the officer…
1Opinion of the CourtScott, J.
This was an action of debt on a constable’s bond, commenced in the Circuit Court of Pike county, against the defendant in error, to recover *554damages for a breach of duty as constable. The amended declaration alledged several breaches of duty, viz., “that the constable, Steel, did not levy th emoney as commanded by the writ, but neglected and refused,” and on the return day of the writ, falsely and illegally returned “that for want of sufficient goods and chattels whereof to levy, said writ was to be renewed until further orders, by order of said plaintiff’s agent.” The second breach is, that…
2Cited by2 opinions
- State ex rel. Moutrey's Administrator v. MuirSupreme Court of Missouri · 1857
- Pollock v. HudgensSupreme Court of Missouri · 1848