State Ex Rel. Nolte v. Reynolds
Supreme Court of Missouri
Certiorari. (i) Sec. 2:240, R. S. 1909, is a penal statute designed to punish willful misconduct and negligence on the part of sheriffs in the performance of their official duties. It has no application to the acts of an officer, who in their performance, proceeds with care and with an earnest desire to do Ins full duty under the law.
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Certiorari. (i) Sec. 2:240, R. S. 1909, is a penal statute designed to punish willful misconduct and negligence on the part of sheriffs in the performance of their official duties. It has no application to the acts of an officer, who in their performance, proceeds with care and with an earnest desire to do Ins full duty under the law. State ex rel. v. Nolte, 203 S. W. 956. (2) If the officer makes an honest mistake he is liable for such actual damages as may result, but cannot be punished by being compelled to pay an arbitrary sum wholly unrelated to- the consequences of his mistake. State ex…
1Opinion of the Court
Certiorari to the St. Louis Court of Appeals. The action out of which the present proceeding grows is the case of State ex rel. v. Louis Nolte and United States Fidelity Guaranty Company, in the St. Louis Circuit Court. Nolte was the sheriff of the city, and the other defendant the surety upon his official bond. The case has had a checkered career, which is fairly outlined by the petitioners' petition in this court in the instant case, thus:
"The suit was upon the official bond of said Louis Nolte as Sheriff of the City of St. Louis, Missouri, for damages in the sum of $2,183.57, said amount…
2Cases cited4 opinions
- State ex rel. City of Marshall v. HackmanSupreme Court of Missouri · 1918
- Metzner v. GrahamSupreme Court of Missouri · 1877
- State ex rel. Ramming v. O'Neil Lumber Co.Supreme Court of Missouri · 1902
- State ex rel. Ross v. CaseSupreme Court of Missouri · 1883
3Cited by3 opinions
- State Ex Rel. Brubaker v. TuckerSupreme Court of Missouri · 1921
- Gary Realty Co. v. SwinneySupreme Court of Missouri · 1925
- Nolte U.S. Fid. G. Co. v. FerrisMissouri Court of Appeals · 1920