Legal Opinion

State ex rel. Carroll v. Devitt

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 9 opinions

Appeal from St. Louis City Circuit Court. — How. Jas. E. Withrow, Judge. (1) The transcript had not left Byron’s office before Langlet tried to serve the notice of change of venue, so that Sheehan had not acquired jurisdiction of the suit when he signed the notice, and when Langlet attempted to serve it. This state of facts being established, the law presumes its continuance until there was-evidence of a change of status. Best on Presumptions, p. 119 ; 1 Grreenl.

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Appeal from St. Louis City Circuit Court. — How. Jas. E. Withrow, Judge. (1) The transcript had not left Byron’s office before Langlet tried to serve the notice of change of venue, so that Sheehan had not acquired jurisdiction of the suit when he signed the notice, and when Langlet attempted to serve it. This state of facts being established, the law presumes its continuance until there was-evidence of a change of status. Best on Presumptions, p. 119 ; 1 Grreenl. Ev. [13 Ed.] secs. 41, 42, 48 ; Mullen v. Pryor, 12 Mo. 310; 2 Starkie Ev. [ 5 Am Ed. ] 668. (2) Sheehan did not acquire…

1Opinion of the CourtSherwood, P. J.

Action on constable’s bond ; two counts in the petition, the first count based on an alleged trespass ; the second for an alleged false return.

The court below at the close of plaintiff’s case gave an instruction in the nature of a demurrer to the evidence, whereupon a nonsuit, with an ineffectual endeavor to set the same aside, hence this appeal. These counts will be discussed in inverse order.

*576I. The return of the constable was prima facie true in this action against him charging that his return upon the notice was false, which notice was issued by Sheehan, the justice to whom the cause was…

2Cases cited2 opinions

  1. Burgert v. BorchertSupreme Court of Missouri · 1875
  2. Melcher v. ScruggsSupreme Court of Missouri · 1880

3Cited by9 opinions

  1. Leonard v. SparksSupreme Court of Missouri · 1893
  2. Jeffres v. Countryside Homes of Lincoln, Inc.Nebraska Supreme Court · 1983
  3. Spruill v. O'TooleCourt of Appeals for the D.C. Circuit · 1934
  4. Snyder v. HartCourt of Appeals for the D.C. Circuit · 1935
  5. Yeager v. HurtSupreme Court of Alabama · 1983

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