Legal Opinion

State ex rel. O'Donnell v. Boepple

Missouri Court of Appeals

Decided November 6, 1917PublishedCited by 1 opinion

Appeal from tbe Circuit Court of the City of St. Louis. — Ron. Rhodes E. Gave, Judge. (1) The petition herein fails to state facts sufficient to constitute a cause of action. State ex rel. Hamilton v. May, 177 Mo. App. 717. (2) The court should have given defendants’ instruction at the close of the entire case, that under the pleadings and proof plaintiff could not recover. (3) The court erred in refusing to give defendants’ instructions.

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Appeal from tbe Circuit Court of the City of St. Louis. — Ron. Rhodes E. Gave, Judge. (1) The petition herein fails to state facts sufficient to constitute a cause of action. State ex rel. Hamilton v. May, 177 Mo. App. 717. (2) The court should have given defendants’ instruction at the close of the entire case, that under the pleadings and proof plaintiff could not recover. (3) The court erred in refusing to give defendants’ instructions. (4) The verdict is against the overwhelming weight of the evidence and must have been the result of bias, prejudice and passion. (1) “A sheriff is…

1Opinion of the Court

REYNOLDS P. J.

This is an action on the official bond of John C. Boepple, constable of the fourth judicial district of the city of St. Louis, on which Chauncey C. -Crawford and Joseph E. Sippy are sureties, the bond having been duly approved. It is in ordinary form, conditioned that Boepple “will execute all process to him directed and delivered and pay over all money received by him by virtue of his office, and in every respect discharge all the duties of constable according to law.”

It is charged in the petition, after setting out the official character of the constable, that a writ of…

2Cases cited1 opinion

  1. State ex rel. Hamilton v. MayMissouri Court of Appeals · 1913

3Cited by1 opinion

  1. Reichman v. HarrisCourt of Appeals for the Sixth Circuit · 1918

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