Schoettgen v. Wilson
Supreme Court of Missouri
Error to Cole Circuit Court. Tbe office of defendants was mainly ministerial, and if they were in this case acting judicially, this fact must be set up in an answer, and proven like any other defense. So the court erred in sustaining the demurrer. (7 Hour. 130; Greenl. Ev. 399; 12 How. 404-5; 17 Verm. 609; Shearm. & Redf. Negl. 188, §§ 158-9, note 1; 26 Mo. 65; 35 Me. 129; 1 Sandf.
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Error to Cole Circuit Court. Tbe office of defendants was mainly ministerial, and if they were in this case acting judicially, this fact must be set up in an answer, and proven like any other defense. So the court erred in sustaining the demurrer. (7 Hour. 130; Greenl. Ev. 399; 12 How. 404-5; 17 Verm. 609; Shearm. & Redf. Negl. 188, §§ 158-9, note 1; 26 Mo. 65; 35 Me. 129; 1 Sandf. PI. 7; 16 Barb. 303 ; 3 Mete. 314; 3 Crunch, 331; 8 Mass. 389; 45 Penn. 450.) Again, a distinction is made when the discretionary power is conferred on a ministerial officer ; it is optional whether he will act or…
1Opinion of the Court
Washed,, Judge,
delivered the opinion of the court.
The plaintiff alleges in her petition that she is an infant female under the age of fourteen years, and that on the 20th day of July, 1869, David A. Wilson was warden and keeper of the penitentiary at Jefferson City, and that Dallmeyer and Draper were two of the inspectors of the penitentiary at that time ; that by virtue of the law in such cases made and provided, the defendants had the care, custody, discipline and police of the prisoners confined therein, and that at the time aforesaid they carelessly, negligently, and unlawfully suffered,…
2Cases cited6 opinions
- Martin v. MottSupreme Court of the United States · 1827
- Wilkes v. DinsmanSupreme Court of the United States · 1849
- Jenkins v. WaldronNew York Supreme Court · 1814
- Pike v. MegounSupreme Court of Missouri · 1869
- Vanderheyden v. YoungNew York Supreme Court · 1814
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3Cited by6 opinions
- State ex rel. West v. DiemerSupreme Court of Missouri · 1914
- Price v. OwenCourt of Appeals of Georgia · 1942
- McCutchen v. WindsorSupreme Court of Missouri · 1874
- State v. RoachMissouri Court of Appeals · 1896
- Myers v. ChalmersMississippi Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.