Eichelmann v. Weiss
Missouri Court of Appeals
Appeal from St. Louis Circuit Court; It was error to allow consequential damages in this action. — Flaherty v. Taylor, 35 Mo. 447; Smith v. Way, 9 Alien, 472 ; Bennett v. Hood, 1 Allen, 47 ; Norton v. Doherty, 3 Gray., 372 ; Bwnett v. Smith, 4 Gray, 50. The bond taken by the officer protected him. — Bradley v. Holloioay, 28 Mo. 150 ; The State v. Watson, 30 Mo. 122. The verdict was informal and fatally defective. —Schweickhardt v. St. Louis, 2 Mo. App. 582.
1Opinion of the CourtBakewell, J.
The petition in this cause has two counts. The first alleges that the defendants took from the possession of the plaintiff, by force and unlawfully, certain personal property, worth $500, belonging to the plaintiff, so that the same was lost to him. Damages to the amount of the value of *88the property are asked. The second count alleges the same trespass, and asks for $500 damages for injury to the business of the plaintiff, who kept a bar-room and grocery, the furniture of which composed the property seized.
It appears from the pleadings and evidence that the defendant Grund, at the date of the…
2Cases cited5 opinions
- Walker v. BorlandSupreme Court of Missouri · 1855
- Bradley v. HollowaySupreme Court of Missouri · 1859
- Schweickhardt v. City of St. LouisMissouri Court of Appeals · 1876
- State ex rel. Goldsall v. WatsonSupreme Court of Missouri · 1860
- Funk v. DillonSupreme Court of Missouri · 1855
3Cited by10 opinions
- Miller v. BrydenMissouri Court of Appeals · 1889
- Crow v. CrowMissouri Court of Appeals · 1907
- Newdiger v. Kansas CitySupreme Court of Missouri · 1938
- Proctor v. GarmanMissouri Court of Appeals · 1920
- Spalding v. Citizens' BankMissouri Court of Appeals · 1899
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