Melcher v. Scruggs
Supreme Court of Missouri
Appeal from Cole Circuit Court. — ITon. G-. W. Miller, Judge. 1. The warrant was a complete protection to the constable. Broom’s Legal Maxims, 95, 100; Buck o.
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Appeal from Cole Circuit Court. — ITon. G-. W. Miller, Judge. 1. The warrant was a complete protection to the constable. Broom’s Legal Maxims, 95, 100; Buck o. Colbath, 8 Wall.'334; Freeman v. Howe, 24 How. 450; Patten v. Weightman, 51 Mo. 432; Milburn v. Gilman, 11 Mo. 65; Mayor, etc., v. Opel, 49 Mo. 190; Miller v. Brown, 3 Mo. 127; Hickman v. Griffin, 6 Mo. 37; Burton v. Sweaney, 4 Mo. 1; 2 Waterman on Trespass, p. 217, § 808; lb., p. 214; Savacool v. Boughton, 5 Wend. 170; Humes v. Taber, 1 R. I. 464; Owens v. Starr, 2 Litt. (Ky.) 231. 2. The damages were excessive. The value of the…
1Opinion of the CourtHenry, J.
This suit was instituted by Melcher in the . Cole circuit court against the Singer Manfg. Co., J no. "W, Scruggs and Charles Eaton, to recover damages for entering his house in Jefferson City, and taking and carrying away a sewing machine alleged to be of the value of fifty dollars, and for breaking doors, making a noise and otherwise disturbing the peace of his family. The defendant Scruggs’ defense was that he was constable of Jefferson township, and without breaking doors, or otherwise disturbing the family, peaceably entered the house to execute a search warrant issued by J. B. McHenry, a…
2Cases cited3 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Howard v. ClarkSupreme Court of Missouri · 1869
- Milburn v. GilmanSupreme Court of Missouri · 1847
3Cited by20 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Ring v. Charles Vogel Paint & Glass Co.Missouri Court of Appeals · 1891
- Ruth v. McPhersonMissouri Court of Appeals · 1910
- DeBolt v. Kansas City, Fort Scott & Memphis Railway Co.Supreme Court of Missouri · 1894
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