Stone v. Graves
Supreme Court of Missouri
APPEAL from Livingston Circuit Court. The appellants insist that the judgment below should be reversed— 1. Because a justice of the peace is responsible to the party injured, for all nonfeasance, misfeasance, and malfeasance in office which he may commit, or of which he may be guilty.— Chitty’s Plead., 89, 90,151,152,153. 2. Because the declaration in this cause shows a sufficient state of facts to entitle the plaintiffs to recover, those facts taken to be true, as they are…
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APPEAL from Livingston Circuit Court. The appellants insist that the judgment below should be reversed— 1. Because a justice of the peace is responsible to the party injured, for all nonfeasance, misfeasance, and malfeasance in office which he may commit, or of which he may be guilty.— Chitty’s Plead., 89, 90,151,152,153. 2. Because the declaration in this cause shows a sufficient state of facts to entitle the plaintiffs to recover, those facts taken to be true, as they are upon the general demurrer. 3. Because the causes of demurrer set forth in said defendant’s special demurrer are not…
1Opinion of the CourtScott, J.
The appellants, plaintiffs, brought an action on the case against the appellee, defendant, a justice of the peace, for misconduct in office. The declaration contained three counts: the first and third charged, that the defendant, being a justice of the peace, did corruptly and wilfully refuse to enter a judgment in a suit pending before him, in which the appellants were plaintiffs, and one Pettigrew was defendant; the second count charged the appellee with neglect, by which the note on which suit was brought was lost or destroyed. To this declaration *150there was a special demurrer, which was…
2Cases cited2 opinions
- Yates v. LansingNew York Supreme Court · 1810
- Gregory v. BrownCourt of Appeals of Kentucky · 1815
3Cited by15 opinions
- Pike v. MegounSupreme Court of Missouri · 1869
- Yelton v. BeckerMissouri Court of Appeals · 1952
- Wyatt v. ArnotCalifornia Court of Appeal · 1907
- Albers v. Merchants' ExchangeSupreme Court of Missouri · 1897
- Grant v. WilliamsMontana Supreme Court · 1917
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