State ex rel. Fowler v. Chaney
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) Plaintiff’s motion for judgment should not have been sustained, jLamport v. Gaslight Co., 14 Mo. App. 376; State v. Newkirk, 49 Mo. 472; Hwrch v. Hr shine, 50 Mo. 116; Amonett v. Montague, 63 Mo. 201; Barclay v. Bates, 2 Mo.
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Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) Plaintiff’s motion for judgment should not have been sustained, jLamport v. Gaslight Co., 14 Mo. App. 376; State v. Newkirk, 49 Mo. 472; Hwrch v. Hr shine, 50 Mo. 116; Amonett v. Montague, 63 Mo. 201; Barclay v. Bates, 2 Mo. App. 139; State ex rel. v. Circuit Court, 41 Mo. 574; Kinealy v. Machlin, 67 Mo. 95; Gamble v. Gibson, 83 Mo. 290; Chouteau v. Allen, 74 Mo. 56. Where a ease has been reversed and remanded without specific instructions from the appellate to the lower court, the case should be tried anew. (2) The…
1Opinion of the CourtBiggs, J.
In 1886, the defendant Chaney was a constable in Hickory county, where this suit originated. The present action is on his official bond, the conditions of which the relator charges he violated by wrongfully releasing certain personal property, which had been seized by him in an attachment suit before a justice of the peace, in which suit the relator was plaintiff and one Barney Pitts, defendant. Chaney admitted that he had attached a lor of cattle as tke property of *514Pitts; that the attachment had been sustained and judgment by default entered against Pitts; that a special execution was issued…
2Cases cited11 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1881
- Hurck v. ErskineSupreme Court of Missouri · 1872
- Shroyer v. NickellSupreme Court of Missouri · 1878
- Steele v. LeonoriMissouri Court of Appeals · 1888
- State ex rel. Fowler v. ChaneyCourt of Appeals of Kansas · 1889
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3Cited by2 opinions
- Barber Asphalt Paving Co. v. FieldMissouri Court of Appeals · 1909
- Hudson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913