Reed v. Howell County
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. C. C. Bland, Judge. (1) The county is not liable for consequential damages to private property unless it is expressly given by statute. 2 Dillon on Mun.
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Appeal from Texas Circuit Court. — Hon. C. C. Bland, Judge. (1) The county is not liable for consequential damages to private property unless it is expressly given by statute. 2 Dillon on Mun. Corp. [3 Ed.], sec. 987; Reardon v. St. Louis Co., 36 Mo. 555; Swineford v. Franklin, 73 Mo. 279. (2) If plaintiff in this case has a cause of action it is for a malicious attachment; as a county, if liable at all, would only be liable for the maliciously suing out the attachment, and that would have to be pleaded, which is not done in this case. 14 Am. and Eng. Encyclopedia of Law, page 36, and notes.…
1Opinion of the CourtSherwood, J.
Howell county sued Robert Reed and “wrongfully attached” his property, to wit: One hundred and seventy-six head of cattle, valued at $3,500, and garnished a debtor of his who owed him $375 and interest. Owing to the attachment, the cattle greatly depreciated in value during the pending of the suit, and thirty-six head of them were wholly lost to plaintiff, to his injury in the sum of $1,600. The debtor of plaintiff, solvent when garnished, became insolvent and died in that condition, whereby plaintiff pocketed a loss of $610. He also expended $512.50 as attorneys’ fees, and $150 in expenses…
2Cases cited5 opinions
- Reardon v. St. Louis CountySupreme Court of Missouri · 1865
- Hannon v. County of St. LouisSupreme Court of Missouri · 1876
- Clark v. Adair CountySupreme Court of Missouri · 1883
- Swineford v. Franklin CountySupreme Court of Missouri · 1880
- Jefferson County v. St. Louis CountySupreme Court of Missouri · 1893
3Cited by3 opinions
- Cochran v. WilsonSupreme Court of Missouri · 1921
- Lloyd v. GarrenSupreme Court of Missouri · 1963
- Meadow Park Land Co. v. School DistrictSupreme Court of Missouri · 1923