State ex rel. Monks v. Bacon
Missouri Court of Appeals
Appeal from the Howell County Circuit Court, J. R. Woodside, Judge. The petition must allege that the plaintiff was the head of a family. Brown v. Hoffmeister, 71 Mo. 412 ; Gook v. Putnam Go., 71 Mo. 668 ; Pierre v. Heinrichoffen, 52 Mo. 333; Scott v. Botareis, 67 Mo. 289. The measure of damages is the yalue of the property taken if not returned.
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Appeal from the Howell County Circuit Court, J. R. Woodside, Judge. The petition must allege that the plaintiff was the head of a family. Brown v. Hoffmeister, 71 Mo. 412 ; Gook v. Putnam Go., 71 Mo. 668 ; Pierre v. Heinrichoffen, 52 Mo. 333; Scott v. Botareis, 67 Mo. 289. The measure of damages is the yalue of the property taken if not returned. The State to use v. Smith, 31 Mo. 566. The judgment is erroneous for the reason that it was rendered for the amount of the damages claimed instead of the amount of the penalty of the bond. The State ex rel. v. Fitzpatrick, 64 Mo. 185. The court did…
1Opinion of the CourtRombauer, J.
This is an action upon a constable’s bond for official misconduct. The breaches assigned and damages claimed are stated in the petition in the following manner:
“And the plaintiff says that the said Seth Bacon has broken the condition of the said bond, in this, that heretofore, to-wit: on the 8th day of May, 1882, the said Seth Bacon levied an attachment upon a certain mule, the property of the said L. B. Vernon, at the suit of Lawson Scott against L. B. Vernon, C. K. Vernon, and J. Ii. Vernon, before one W. Gr. Cantrell, a justice of the peace in Howell township, in the county of Howell,…
2Cases cited9 opinions
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
- Walker v. BorlandSupreme Court of Missouri · 1855
- Frazer v. RobertsSupreme Court of Missouri · 1862
- Jones v. TullerSupreme Court of Missouri · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Bank of Little Rock v. FisherMissouri Court of Appeals · 1893
- Golden v. MooreMissouri Court of Appeals · 1907
4 more not listed; retrieve them via the Exa API.