Steadley v. Stuckey
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh 0. Dabbs, Judge. (1) Plaintiff is not entitled to recover on the facts stated in the petition and answer, the answer, standing undenied, it is admitted that the defendants acted in good faith, and that before acting they obtained all the light on the facts they could and sought and followed the advice of lawyers.
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Appeal from Jasper Circuit Court. — Hon. Hugh 0. Dabbs, Judge. (1) Plaintiff is not entitled to recover on the facts stated in the petition and answer, the answer, standing undenied, it is admitted that the defendants acted in good faith, and that before acting they obtained all the light on the facts they could and sought and followed the advice of lawyers. And the evidence and pleadings show that defendant did not act from malice or spite, but in good faith with honest intentions, and the court erred in excluding the evidence to that effect. Reed v. Conway, 20 Mo. 23, 47, 48, 50, 51; Pike…
1Opinion of the CourtEllison, J.
— The plaintiff, according to the official return of the votes, was elected'in the year 1898 to the office of county recorder for Jasper county for the term of' four years. The defendant was then county clerk of said county and ex-officio a member of the canvassing board of the election returns. Plaintiff charges that he and otlier members of the board refused to can- ■ vass the vote, as returned, for several weeks and until -compelled by mandamus from this court, and in consequence plaintiff lost the salary of the office of recorder of deed for that time. Plaintiff prevailed in the trial •…
2Cases cited8 opinions
- Bowen v. HixonSupreme Court of Missouri · 1870
- Moore v. KesslerIndiana Supreme Court · 1877
- Ream v. WatkinsSupreme Court of Missouri · 1858
- Koenigkraemer v. Missouri Glass Co.Missouri Court of Appeals · 1887
- St. Joseph Fire & Marine Insurance v. LelandSupreme Court of Missouri · 1886
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3Cited by7 opinions
- Frank v. EatonAppellate Division of the Supreme Court of the State of New York · 1928
- C. A. Burton Machinery Co. v. RuthMissouri Court of Appeals · 1916
- State of Missouri, ex rel Jerry Scherschel v. City of Kansas City, MissouriMissouri Court of Appeals · 2015
- Simpson v. BallMissouri Court of Appeals · 1910
- Yates v. DurkMissouri Court of Appeals · 1971
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