State ex rel. Cooley v. Samuels
Missouri Court of Appeals
Appeal from the Cape Gfirardeaii Court of Common Pleas, How. Bobert L. Wilsow, Judge. The court erred in striking out the third, fourth, and fifth counts of defendants’ answer. Bev. Stat., secs. 985, 3519, 2, 105, 107 ; Shockley v. Fischer, 21 Mo. App. 551; Gamble v. Johnson, 9 Mo. 605. The defences are consistent. State ex rel. v. Stark, 10 Mo. App. 591; Wood v. IJilbish, 23 Mo. App. 389 ; Patrick v. Gas Light Go., 17 Mo.
Read the full summary
Appeal from the Cape Gfirardeaii Court of Common Pleas, How. Bobert L. Wilsow, Judge. The court erred in striking out the third, fourth, and fifth counts of defendants’ answer. Bev. Stat., secs. 985, 3519, 2, 105, 107 ; Shockley v. Fischer, 21 Mo. App. 551; Gamble v. Johnson, 9 Mo. 605. The defences are consistent. State ex rel. v. Stark, 10 Mo. App. 591; Wood v. IJilbish, 23 Mo. App. 389 ; Patrick v. Gas Light Go., 17 Mo. App. 462. The sixth count is in the nature of a general denial, and it required the plaintiff to.prove every allegation in his petition. Rhine v. Montgomery, 50 Mo. 566;…
1Opinion of the CourtRombauer, J.
This action is one upon a constable’s official bond, against him and his sureties, to recover damages caused by his wrongful act in selling under execution property of the plaintiff’s decedent, which was exempt from seizure and sale on execution.
The breaches assigned are, the wrongful seizure and sale of the property claimed to be thus exempt, and the-wrongful disregard of the defendant constable’s official duties in failing -to apprise the decedent of his exemptions. A schedule of the property claimed to have been thus seized and sold is attached to the petition as exhibit A.
The defendants’…
2Cases cited6 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Ledbetter v. LedbetterSupreme Court of Missouri · 1885
- Rhine v. MontgomerySupreme Court of Missouri · 1872
- Kern v. South St. Louis Mutual InsuranceSupreme Court of Missouri · 1867
- Patrick v. Boonville Gas Light Co.Missouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nelson v. WallaceMissouri Court of Appeals · 1892
- Atterbury v. HendricksMissouri Court of Appeals · 1907
- Scott v. Vincennes Bridge Co.Missouri Court of Appeals · 1927
- Grier Commission Co. v. DockstaderMissouri Court of Appeals · 1891
- Price v. Southern InsuranceMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.