Milburn v. Gilman
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. Statement of the Case. In February, 1846, W. S. Gilman brought his action of trespass de bonis asportatis against W?!liam Milburn, in the St. Louis Circuit Court, for taking the hull of a steamboat.
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APPEAL from St. Louis Circuit Court. Statement of the Case. In February, 1846, W. S. Gilman brought his action of trespass de bonis asportatis against W?!liam Milburn, in the St. Louis Circuit Court, for taking the hull of a steamboat. Plea, not guilty —verdict and judgment for plaintiff-appeal by defendant ■ The case is this: On the 11th October, 1844, a suit was brought in the St. Louis Circuit Court, in the form of the statute, by Solomon Rogers against the steamboat Lebanon; the warrant was issued and delivered to sheriff Milburn to be executed, who took the boat, and, after detaining it…
1Opinion of the CourtScott, J.
To the objection that Milburn, not having put in a plea of justification, cannot avail himself of the matters now sought to be used as a defence for him, it may be answered, that by statute, under the general issue, an officer who is sued for an act done by virtue of his office, may give the special matter in evidence.
Whether the giving of a bond under the statute for the release of the boat was a discharge of the lien, is not a necessary question in this case. It may be assumed that the giving of a bond was a discharge of the lien, and yet the principle is not perceived on which the sheriff…
2Cases cited2 opinions
- Wise v. WithersSupreme Court of the United States · 1806
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by9 opinions
- Glasgow v. RowseSupreme Court of Missouri · 1869
- Melcher v. ScruggsSupreme Court of Missouri · 1880
- State ex rel. Pacific Railroad v. DulleSupreme Court of Missouri · 1871
- Rousey v. WoodMissouri Court of Appeals · 1894
- Nest v. HainesMissouri Court of Appeals · 1915
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