State ex rel. Polster v. Miles
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Wm. M. Kinsey, Judge. (1) The cause of action in cases of this kind, is not the amount of money paid to satisfy a “judgment,” but the actual loss sustained by plaintiff. Neither the petition nor the proof of plaintiff make any such case, the conduct and condition of the person complaining must be alleged.
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Appeal from St. Louis City Circuit Court. — Eon. Wm. M. Kinsey, Judge. (1) The cause of action in cases of this kind, is not the amount of money paid to satisfy a “judgment,” but the actual loss sustained by plaintiff. Neither the petition nor the proof of plaintiff make any such case, the conduct and condition of the person complaining must be alleged. The petition must truthfully show the loss which flowed as a natural and direct consequence from the acts of the parties or the wrongful act. The intervening act of “appearance” at the trial was recited in the “record judgment” when…
1Opinion of the CourtNortoni, J.
This is a suit on a constable’s bond for damages alleged to have accrued on account of a false return on a writ of summons. Relator recovered and defendant prosecutes the appeal.
It appears that Daniel and Michael P. Larkin, doing business as Larkin Brothers, instituted their suit on an account of about one hundred and fifty dollars against the relator, Polster, before a justice of the peace and a writ of summons was duly issued thereon. Defendant constable, through his deputy, made a return on the summons to the effect he had served the same in accordance with the statutes upon relator,…
2Cases cited9 opinions
- State ex rel. Armour Packing Co. v. DickmannMissouri Court of Appeals · 1910
- State ex rel. Goddard, Peck & Co. v. RayburnMissouri Court of Appeals · 1886
- Heman v. LarkinMissouri Court of Appeals · 1903
- State ex rel. Rice v. HarringtonMissouri Court of Appeals · 1887
- State v. HockadaySupreme Court of Missouri · 1889
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3Cited by3 opinions
- State Ex Rel. Moore v. MorantMissouri Court of Appeals · 1954
- Marsh v. HawkinsCourt of Appeals of Arizona · 1968
- Marsh v. HawkinsCourt of Appeals of Arizona · 1968