State ex rel. Zimmerman v. Schaper
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Hon. John IF. MoFlhinney, Judge. (1) An official act is' any act done by an officer in his official capacity under color and by virtue of his office. The dynamite was properly alleged to have been stolen, hence the duty of keeping it safely devolved on the defendant, Schaper, as constable. R. S. 1909, sec. 5325; State ex rel. v. Griffith, 63 M'o. 545; -State ex rel. v. Ryland, 163 Mo. 280; Kansas City ex rel. v. Minor, 89 Mo.
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Appeal from St. Louis Circuit Court. — Hon. John IF. MoFlhinney, Judge. (1) An official act is' any act done by an officer in his official capacity under color and by virtue of his office. The dynamite was properly alleged to have been stolen, hence the duty of keeping it safely devolved on the defendant, Schaper, as constable. R. S. 1909, sec. 5325; State ex rel. v. Griffith, 63 M'o. 545; -State ex rel. v. Ryland, 163 Mo. 280; Kansas City ex rel. v. Minor, 89 Mo. App. 617; Turner v. Sisson, 137 Mass. 191. (2) Whenever in the execution of the duties of his office, by liis act or omission to…
1Opinion of the CourtGray, J.
This is an action commenced on the 16th day of August, 1907, on the official bond of John F. Schaper, constable of Caronclelet township, in St. Louis county, to recover five thousand dollars for the death of Albert F. Zimmerman. The circuit court refused to submit plaintiff’s case to the jury, and the cause is here on plaintiff’s appeal.
The evidence tended to prove that some time prior to the death of the deceased, which occurred on the 28th day of April, 1907, the deputy constable had arrested some parties charged with the offense of having dangerous explosives concealed in a dwelling place…
2Cases cited8 opinions
- State ex rel. Brennan v. DierkerMissouri Court of Appeals · 1903
- Nolley v. Callaway County CourtSupreme Court of Missouri · 1848
- Fisse v. EinsteinMissouri Court of Appeals · 1878
- State ex rel. Chase v. DavisSupreme Court of Missouri · 1886
- State ex rel. Maries County v. JohnsonSupreme Court of Missouri · 1874
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3Cited by3 opinions
- Federal Reserve Bank v. SmithIdaho Supreme Court · 1926
- Village of Nixa ex rel. Hedgpeth v. McMullinMissouri Court of Appeals · 1917
- Helgeson Ex Rel. Helgeson v. PowellIdaho Supreme Court · 1934