Town of Warrensburg ex rel. Colbern v. Miller

Action on the bond of defendant, who was town marshal and ex-officio collector of the town of "Warrensburg. The breach assigned is the wrongful seizure and sale by the defendant under color of his office of the personal property of the relator. The sale of the property being admitted, the controlling question in the case is whether by reason of the circumstances detailed in evidence, any liability on the part of the defendant has been incurred.

In order that an officer may justify under process it is essential that jurisdiction be possessed by the court oi tribunal from which that process…