State ex rel. Judge v. Gatzweiler
Supreme Court of Missouri
Jippe.al from Warren Circuit Court. Defendant is protected by section 4, article xi, of the State constitution, and the defense is sufficiently pleaded. If, whenever this section is invoked, defendant must show the legality of the military order under which he acted, the section would be nugatory. (Clark v. Dick, 9 Am.
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Jippe.al from Warren Circuit Court. Defendant is protected by section 4, article xi, of the State constitution, and the defense is sufficiently pleaded. If, whenever this section is invoked, defendant must show the legality of the military order under which he acted, the section would be nugatory. (Clark v. Dick, 9 Am. Law Reg. 742.) This court has held that the circumstances under which the order was issued, such as the pressure of military necessity, or at whose instance it issued, need not be shown. (Drehman v. Stifel, 41 Mo. 208.) The existence of the urgency or military necessity will be…
1Opinion of the CourtWagner, Judge
This was an action on the official bond of defendant as sheriff of St. Charles county. The petition averred-that an execution was placed in his hands against the plaintiff from the St. Louis Circuit Court, on a judgment rendered May 5, 1864, for" the sum of $15,000, with interest and costs; that upon a sale of the plaintiff’s property by the defendant there remained in his hands the sum of $5,695.40, after satisfaction of the execution, which he failed and refused to pay over to plaintiff on his demand as required by law. Judgment was therefore asked for the penalty of the bond, with an…
2Cases cited9 opinions
- Mayor v. CooperSupreme Court of the United States · 1868
- United States v. PrescottSupreme Court of the United States · 1845
- Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
- Halbert v. State ex rel. Board of CommissionersIndiana Supreme Court · 1864
- State ex rel. Winburn v. MinorSupreme Court of Missouri · 1869
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3Cited by12 opinions
- Mitchell v. ClarkSupreme Court of the United States · 1884
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Inhabitants of Cumberland Co. v. PennellSupreme Judicial Court of Maine · 1879
- People v. McGrathIllinois Supreme Court · 1917
- Northern Pacific Railway Co. v. OwensSupreme Court of Minnesota · 1902
7 more not listed; retrieve them via the Exa API.