State ex rel. Reagan v. Romer
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The facts sufficiently appear in the opinion of the court. I. The second part of tho answer was improperly stricken out. It stated a complete answer. H. The proper measure of damages, in cases where no malice is alleged or exists, is the value of the property at the time of the trespass, with interest. The securities, certainly, are not responsible for anything more.
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Appeal from St. Louis Circuit Court. The facts sufficiently appear in the opinion of the court. I. The second part of tho answer was improperly stricken out. It stated a complete answer. H. The proper measure of damages, in cases where no malice is alleged or exists, is the value of the property at the time of the trespass, with interest. The securities, certainly, are not responsible for anything more. (12 Mo. 313 ; 39 Mo. 222; 40 Mo. 97 ; 30 Mo. 216 ; 31 Mo. 571; 22 Mo. 170 ; 21 Mo. 289; 36 Mo. 351.) This suit is based upon the law of 1865. (Gen. Stat. 1865, p. 641, ch. 160, § 9,…
1Opinion of the CourtWagner, Judge
This was an action brought on an official bond, against the defendant Romer, as constable of the first and second wards in the city of St. Louis, and his securities. The breach assigned was the seizing and selling, under attachment and execution, of Reagan’s property, which was exempt from levy and sale by statute, he being at the time the head of a family.
The petition also alleged that Romer, at the time of making the seizure and levy, failed to notify Reagan and apprise him of his rights to claim and keep the exempted property, and that when Reagan found the property had been seized, he…
2Cited by11 opinions
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
- Duncan v. FrankMissouri Court of Appeals · 1880
- State ex rel. Codding v. FinnMissouri Court of Appeals · 1880
- Puget Sound Dressed Beef & Packing Co. v. JeffsWashington Supreme Court · 1895
- Irondale Bank v. TerrillMissouri Court of Appeals · 1909
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