Palmer v. Shenkel
Missouri Court of Appeals
Appeal from the Cole Circuit Cowrt. — Hon. E. L. Edwards, Judge. (1) The taking of a solvent indemnifying bond by defendant Inge, as constable, as required by statute was a complete defense to this action. Hence plaintiff’s ■dismissal of her action against said constable. The taking of said bond by the constable not only protects him but is a protection to his deputies summoned by him, while they are acting under his authority and direction.
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Appeal from the Cole Circuit Cowrt. — Hon. E. L. Edwards, Judge. (1) The taking of a solvent indemnifying bond by defendant Inge, as constable, as required by statute was a complete defense to this action. Hence plaintiff’s ■dismissal of her action against said constable. The taking of said bond by the constable not only protects him but is a protection to his deputies summoned by him, while they are acting under his authority and direction. The deputies cannot be denied the same protection the law gives to the constable by reason of the taking of the bond. R. S. 1889, sec. 6313; Railroad v.…
1Opinion of the Court
G-ill, J.—
The plaintiff instituted her action in the circuit court of Morgan county against the present defendants, and J. L. Inge and J. D. Hubbard, to recover damages for the taking and carrying away by the defendants of a piano, sewing machine and heating stove belonging to plaintiff. The suit was subseqently dismissed as to Hubbard and Inge. Defendants, Keevil, Shenkel and Aiken joined in an answer, denying generally the allegations of the petition, and alleging that Shenkel recovered a judgment against plaintiff’s husband, J. W. Palmer, for $27.12, and that the constable, under this…
2Cases cited8 opinions
- Wetzell v. WatersSupreme Court of Missouri · 1853
- Bradley v. HollowaySupreme Court of Missouri · 1859
- Elder v. MorrisonNew York Supreme Court · 1833
- Hooker v. SmithSupreme Court of Vermont · 1847
- Dodd v. ThomasSupreme Court of Missouri · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Howard v. StrodeMissouri Court of Appeals · 1907
- Chattahoochee Brick Co. v. GoingsSupreme Court of Georgia · 1910
- Missouri, O. & G. Ry. Co. v. McClellanSupreme Court of Oklahoma · 1913
- Dyer v. TyrrellMissouri Court of Appeals · 1910
5 more not listed; retrieve them via the Exa API.