State ex rel. Kearney v. Finn
Supreme Court of Missouri
Error to St. Louis Court of Appeals. The proper measure of damage in the case is the value of the property in question, lost to plaintiffs by the unlawful official act of defendant, Finn. A sheriff is liable for damages resulting from the making of a false return of process, similar to the one involved in this case.
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Error to St. Louis Court of Appeals. The proper measure of damage in the case is the value of the property in question, lost to plaintiffs by the unlawful official act of defendant, Finn. A sheriff is liable for damages resulting from the making of a false return of process, similar to the one involved in this case. Bolles v. Bowen, 45 N. H. 125; Davis v. Richmond, 35 Yt. 419 ; Waterhouse v. Gibson, 4 Me. 234; Tomlinson v. Long, 8 Jones (N. C.) 469 ; Wright v. Keith, -24 Me. 164 ; Albright v. Tap scott, 8 Jones (N. C.) 473. The court only acquired jurisdiction to make the order of publication…
1Opinion of the CourtBlack, J.
The relators are husband and wife, and in the right of the wife owned real property, upon which the taxes were unpaid for 1875. The collector brought suit to enforce the lien for the taxes against the property. To the writ of summons the sheriff made return that the defendants to them, relators here, could not be found in St. Louis. Notice, by publication in newspaper, judgment, special execution, and a sale of the land followed. The purchaser recovered possession by an action of ejectment, and the relators bring this suit against the sheriff and his sureties for an alleged false return cn…
2Cases cited6 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Hinman v. BordenNew York Supreme Court · 1833
- Tucker v. BradleySupreme Court of Connecticut · 1842
- Taylor v. WimerSupreme Court of Missouri · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harness v. CravensSupreme Court of Missouri · 1894
- State v. HuffSupreme Court of Missouri · 1901
- Tooker v. LeakeSupreme Court of Missouri · 1898
- Boner v. Fall River County BankWyoming Supreme Court · 1917
- State ex rel. Wheat v. HorineMissouri Court of Appeals · 1895
3 more not listed; retrieve them via the Exa API.