Wetzell v. Waters
Supreme Court of Missouri
Error to Bade Circuit Court. This was an action commenced by Wetzell, who was public administrator, and administrator of the estate of Thomas Bowles, deceased, to recover damages caused by the wrongful seizure and sale under execution of slaves belonging to the said estate.
Read the full summary
Error to Bade Circuit Court. This was an action commenced by Wetzell, who was public administrator, and administrator of the estate of Thomas Bowles, deceased, to recover damages caused by the wrongful seizure and sale under execution of slaves belonging to the said estate. The petition stated that, on or about October 1, 1844, one Hudspeth, sheriff of Dade county, seized the slaves and was about to sell them under an execution in favor of T. & 0. Waters against Robert M. Ward and Sally Bowles, when the plaintiff forbade the sale, claiming the slaves as belonging to the estate of his…
1Opinion of the CourtScott, Judge
Considering the nature of this suit, it was a long time delayed. The wrong was in the nature of a trespass, and was committed in 1844, and suit was not brought until 1851: the damages are enormous, and a very compendious mode of arriving at their amount was employed. These considerations, in the state of the record, cannot affect the validity of the judgment below, but they may give weight to other objections, and with them lead the mind to the conclusion that justice would be promoted by another trial of the cause.
1. It does not appear from the record, that the damages were assessed in a…
2Cited by24 opinions
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Leeper v. TaylorSupreme Court of Missouri · 1892
- Dunn v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1886
- Dunn v. German-American BankSupreme Court of Missouri · 1891
- Green v. TittmanSupreme Court of Missouri · 1894
19 more not listed; retrieve them via the Exa API.