State ex rel. Maher v. Sondag
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. Any neglect of duty by a constable fixes his liability on his official bond, because the condition of the bond is broken. — Thompson on Exemption, sect. 878 ; The Commonwealth v. Stockton, 5 Mon. 192; Crocker on Sheriffs, sect. 864; The State etc., v. Pov>ell, 44 Mo. 436; The State, etc., v. Moore, 19 Mo. 369 ; The State, etc., v. ShacMett, 37Mo. 285 ; Rollins v. Duvall, 13. Mo. 437; Harris v. Hanson, 11 Mo. 246. Where an…
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Appeal from the St. Louis Circuit Court, Horner, J. Any neglect of duty by a constable fixes his liability on his official bond, because the condition of the bond is broken. — Thompson on Exemption, sect. 878 ; The Commonwealth v. Stockton, 5 Mon. 192; Crocker on Sheriffs, sect. 864; The State etc., v. Pov>ell, 44 Mo. 436; The State, etc., v. Moore, 19 Mo. 369 ; The State, etc., v. ShacMett, 37Mo. 285 ; Rollins v. Duvall, 13. Mo. 437; Harris v. Hanson, 11 Mo. 246. Where an officer, professing to act officially, iuvades the legal right of a person, the same presumption arises, and the officer…
1Opinion of the CourtBakewell, J.
This is an action against defendant and the surety on his official bond.
The petition, after setting out the condition of the bond, assigns as a breach of it that an execution issued by Justice Young in favor of defendant Reilly, and against plaintiff, was placed in the hands of defendant Sondag, as constable ; that, at that time, the St. Louis Ore and Steel Company owed plaintiff one hundred dollars for wages ; that Sondag, without notifying plaintiff, appointing appraisers, or giving plaintiff any opportunity to claim this money as exempt, levied this execution on this money due to him by…
2Cases cited1 opinion
- State ex rel. Lalley v. CarrollMissouri Court of Appeals · 1880
3Cited by2 opinions
- State ex rel. Bellemere v. O'NeillMissouri Court of Appeals · 1899
- Dancer v. ChenaultMissouri Court of Appeals · 1975