Epps v. Duckett
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. L. B. Wood-side, Judge. (1) There was a conspiracy among the defendants to secure the appointment of Duckett as -postmaster at Pomona, regardless of the rules and regulations of the civil service laws and regulations. 5 R. C. L. 1061. While the civil law does not recognize the act of the conspiracy within itself as actionable, but rather the damages flowing therefrom, when the parties to such an agreement to do an overt act in…
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Appeal from Texas Circuit Court. — Hon. L. B. Wood-side, Judge. (1) There was a conspiracy among the defendants to secure the appointment of Duckett as -postmaster at Pomona, regardless of the rules and regulations of the civil service laws and regulations. 5 R. C. L. 1061. While the civil law does not recognize the act of the conspiracy within itself as actionable, but rather the damages flowing therefrom, when the parties to such an agreement to do an overt act in furtherance of an illegal combination, resulting in an injury to the third party, the conspiracy becomes actionable and the…
1Opinion of the CourtWalker, J.
This is an action for damages brought in the Circuit Court of Howell County by appellant Epps against respondents, in which it is charged that they conspired to prevent and did prevent him from obtaining the appointment as postmaster at Pomona, a small village in that county, and thereby secured the appointment of the respondent Duckett. • The- total amount estimated by Epps as his actual hurt by reason of this alleged conspiracy dire is the modest sum of five thousand dollars, to which he avers should be added a penalty in twice that sum. Moved perhaps by that Persian proverb preserved from…
2Cases cited11 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Karges Furniture Co. v. Amalgamated Woodworkers Local Union No. 131Indiana Supreme Court · 1905
- Commonwealth v. ClapMassachusetts Supreme Judicial Court · 1808
- Coogler v. RhodesSupreme Court of Florida · 1896
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3Cited by5 opinions
- Shaltupsky v. Brown Shoe Co.Supreme Court of Missouri · 1943
- State v. ParkSupreme Court of Missouri · 1929
- Becker v. ThompsonSupreme Court of Missouri · 1934
- Holt v. WilliamsMissouri Court of Appeals · 1922
- Abbott v. MillerMissouri Court of Appeals · 1931