Transier v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from, Warren Circuit Court. I. The court erred in allowing the constable’s return to he amended, because it had no authority under the law to amend the return, nor to direct a constable, not an officer of the court, to come into that court to alter or amend a record which has been thus certified into it.
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Appeal from, Warren Circuit Court. I. The court erred in allowing the constable’s return to he amended, because it had no authority under the law to amend the return, nor to direct a constable, not an officer of the court, to come into that court to alter or amend a record which has been thus certified into it. In. all the cases which have been before this court, such amendment has been allowed in the court into which the return was made, and only in the appellate court after verdict rendered. (Muldrow vs. Bates, 5 Mo., 214; Webster vs. Blount, 39 Mo., 500; W. S., 1036-1037, §§ 17, 19, 20.)…
1Opinion of the CourtNapton, Judge
This suit was commenced before a justice of the peace, and was for damages for killing plaintiff’s horse. There was a judgment by default rendered by the justice, and that judgment, the defendant moved to set aside, because there was no sufficient service of the writ. The return of the constable, was: “ I hereby certify, that I have executed the within writ by reading the same, and delivering a copy of the same to Buckley Levesay, the depot agent at Warrenton, Mo., the 29th July, 1872, in Elkhorn Township, Warren county, Missouri,” signed, J. K. Speed, constable.
This motion was overruled by…
2Cases cited1 opinion
- Turner v. Chillicothe & Des Moines City RailroadSupreme Court of Missouri · 1873
3Cited by13 opinions
- Boulware v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- Blandy v. Modern Box Manufacturing Co.Idaho Supreme Court · 1925
- Todd v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Gregor Grocer Co. v. CarlsonMissouri Court of Appeals · 1896
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