Rice ex rel. Owen v. Arnold
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. This record discloses a maze of errors. Perhaps no one of them isolated and alone, would be of sufficient potency to demand, inexorably, a reversal; yet when, on careful examination of the entire record it is found overflowing with errors, proceeding mostly, if not entirely, from the way the case was conducted on the part of defendant who has obtained an unfair or improper judgment in his favor, it is not…
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Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. This record discloses a maze of errors. Perhaps no one of them isolated and alone, would be of sufficient potency to demand, inexorably, a reversal; yet when, on careful examination of the entire record it is found overflowing with errors, proceeding mostly, if not entirely, from the way the case was conducted on the part of defendant who has obtained an unfair or improper judgment in his favor, it is not deemed improper to insist, imperatively, that the judgment of the court below ought to be reversed. The evidence is all one…
1Opinion of the CourtSmith, P. J.
This suit is brought and prosecuted in the name of E. L. Rice, township trustee, at the relation and to the use of J. E. Owen, against W. M. Arnold, as principal, and his codefendants as sureties, on a bond, executed by them to the trustee of Mt. Pleasant township, for the faithful discharge of the duties of said Arnold as constable of said township. A judgment was rendered by a justice of the peace against the relator, said Owen. Execution was issued, directed and delivered to defendant Arnold as constable who levied the same on a horse, mare and some other property of relator to satisfy…
2Cases cited3 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Swayze v. BrideMissouri Court of Appeals · 1889
- State ex rel. Richardson v. JamesSupreme Court of Missouri · 1884
3Cited by2 opinions
- King v. KingMissouri Court of Appeals · 1890
- Corrigan v. Kansas CityMissouri Court of Appeals · 1902