Legal Opinion

Palmer v. Crane

Supreme Court of Missouri

Decided July 15, 1844PublishedCited by 4 opinions

ERROR to Montgomery Circuit Court. The court erred in overruling the plaintiff’s demurrer to second and third pleas, because the plaintiff’s declaration is good in form and substance, and theSdefendant’s second and third pleas are bad. 2d.

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ERROR to Montgomery Circuit Court. The court erred in overruling the plaintiff’s demurrer to second and third pleas, because the plaintiff’s declaration is good in form and substance, and theSdefendant’s second and third pleas are bad. 2d. The court erred in giving judgment against the plaintiff for costs. 1st point, as to overruling plaintiff’s demurrer, see the following authorities, to show that all the concatenating circumstances are alleged to make a good declaration in that form of action.— See 2 Chitty, 738, and note (F); Ibid., 740; Ibid., 253, note (q); 1 Chitty, 417, and 265, note…

1Opinion of the CourtTompkins, J.

This is an action of trespass on the ease, brought in the Circuit Court of Montgomery county, by Palmer, the plaintiff in error, against Cram, sheriff of said county. The declaration contains two counts. The first count states, in substance, that N. and S. Lichton, being indebted to the plaintiff by bond, he, the plaintiff, on the 19th August, 1842, sued out a writ of attachment against them, returnable to the October term of that court, then next, and that, on the following day, he delivered that writ to Cram, the defendant; and that, on the said day, the defendant levied the writ on…

2Cited by4 opinions

  1. Reesman v. RollinsonMissouri Court of Appeals · 1904
  2. State Ex Rel. Blackburn Motor Co. v. LitzingerMissouri Court of Appeals · 1967
  3. Dumey v. SchoefflerSupreme Court of Missouri · 1855
  4. Louisiana & Middletown Plank Road Co. v. MitchellSupreme Court of Missouri · 1855

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