State ex rel. Cantwell v. Stark
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. ‘Noah M. Givan, Judge. Granting that the whole of the Texas cattle law was unconstitutional and void; that the justice had no jurisdiction of the subject matter of the suit on account of the amount involved; that all the process and proceedings had and made by him were void; and that he, the constable, and all concerned therein were trespassers, and still the bond was not void.
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Appeal from Cass Circuit Court. — Hon. ‘Noah M. Givan, Judge. Granting that the whole of the Texas cattle law was unconstitutional and void; that the justice had no jurisdiction of the subject matter of the suit on account of the amount involved; that all the process and proceedings had and made by him were void; and that he, the constable, and all concerned therein were trespassers, and still the bond was not void. It was not authorized, required or taken by reason of or pursuant to any provision of the Texas cattle law; hence, was not dependent thereon for its validity, and consequently…
1Opinion of the CourtHenry, J.
This is a suit on an attachment bond executed by defendants in an attachment proceeding instituted by Stark and Merriott against relators, before a justice of the peace in Bates county, to recover $800 damages to stock of said Stark and Merriott, by reason of the communication of the Texas or Spanish fever to said cattle, by Texas, Mexican or Indian cattle, unlawfully brought into this State by said relators. The attachment bond contained the statutory stipulations, and on the trial in the circuit court, to which the cause was appealed, that court held that relators could not maintain an…
2Cases cited4 opinions
- Railroad Co. v. HusenSupreme Court of the United States · 1878
- Caffrey v. DudgeonIndiana Supreme Court · 1872
- Henoch v. ChaneySupreme Court of Missouri · 1875
- Gilmore v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1878
3Cited by9 opinions
- Portland v. Bituminous Paving Co.Oregon Supreme Court · 1898
- In re CraigHawaii Supreme Court · 1911
- State ex rel. Senter v. CowellMissouri Court of Appeals · 1907
- State ex rel. Russell v. FargoSupreme Court of Missouri · 1899
- Carlon v. DixonOregon Supreme Court · 1885
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