State ex rel. North v. Hadlock
Missouri Court of Appeals
Appeal from the Polk Circuit Cowt. — Hon. W. I. Wallace, Judge. (1) Plaintiff’s demurrer to tbe answer of the defendants, which merely attempted to avoid plaintiff’s cause of action, should have been sustained. The facts stated in said plea were wholly insufficient to constitute a defense. Young v. Kellar, 94 Mo. 597; Vaughan v. Allgaier, 27 Mo. App. 527; Vaughan v. Fisher, 32 Mo. App. 35; Butter v. Woods, 43 Mo.
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Appeal from the Polk Circuit Cowt. — Hon. W. I. Wallace, Judge. (1) Plaintiff’s demurrer to tbe answer of the defendants, which merely attempted to avoid plaintiff’s cause of action, should have been sustained. The facts stated in said plea were wholly insufficient to constitute a defense. Young v. Kellar, 94 Mo. 597; Vaughan v. Allgaier, 27 Mo. App. 527; Vaughan v. Fisher, 32 Mo. App. 35; Butter v. Woods, 43 Mo. App. 494. (2) Although a sheriff may, by the seizure of the property of a stranger to the writ, vest the court with jurisdiction over it, he and his sureties are nevertheless liable…
1Opinion of the CourtGriLL, J.
— Relator North brought suit against defendant Hadlock (sheriff of Polk county) and the *299sureties on Ms official bond, for damages alleged to-have been sustained by reason of the wrongful seizure and sale of a certain lot of railroad ties belonging to the plaintiff, and which had been levied on by said sheriff in an action to which said relator was not a party.
The answer consisted of two counts; the first being a general denial, and the second as follows: After admitting that at the date of the alleged seizure Had-lock was sheriff, “defendants say that said Hadlock, as such sheriff, received…
2Cases cited2 opinions
- Young v. KellarSupreme Court of Missouri · 1887
- Buller v. WoodsMissouri Court of Appeals · 1891
3Cited by3 opinions
- State ex rel. Brennan v. DierkerMissouri Court of Appeals · 1903
- State ex rel. Burris v. EdmundsonMissouri Court of Appeals · 1897
- Guinta v. Jack Daniels Distilling Co.Missouri Court of Appeals · 1922