State ex rel. McClenden v. Jungling
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court erred in excluding testimony tending to show the motive which actuated Jungling in his proceedings conceded to be unlawful. (2) The court erred in instructing the jury not to assess plaintiff’s damages at more than one dollar, for defendant’s trespass upon his wearing apparel and bedding. (3) First.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court erred in excluding testimony tending to show the motive which actuated Jungling in his proceedings conceded to be unlawful. (2) The court erred in instructing the jury not to assess plaintiff’s damages at more than one dollar, for defendant’s trespass upon his wearing apparel and bedding. (3) First. The unlawful acts of defendant were committed wilfully and wantonly, and plaintiff was entitled to an instruction defining malice and permitting the jury to return a verdict of exemplary damages. It was therefore…
1Opinion of the CourtBlack, P. J.
The defendant Jungling was a duly appointed constable in the city of St. Louis, and this is a suit against him and the sureties on his official bond for an alleged wrongful and malicious trespass in *164appraising, levying upon and selling property exempt-from sale under execution.
The record discloses the following facts: Junglingas constable held an execution against the plaintiff in this suit for the sum of $70.00 and costs. He went to-the plaintiff’s house and there levied upon a stallion. He took the horse to a livery stable and directed the proprietor to place the horse where he could not be…
2Cases cited4 opinions
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Perkins v. Mo., K. & T. R. R.Supreme Court of Missouri · 1874
- Engle v. JonesSupreme Court of Missouri · 1873
- State ex rel. Keithly v. GrupeSupreme Court of Missouri · 1865
3Cited by14 opinions
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Hartpence v. RogersSupreme Court of Missouri · 1898
- Mann v. Pere Marquette RailroadMichigan Supreme Court · 1903
- Summers v. KellerMissouri Court of Appeals · 1911
- Peak v. TaubmanSupreme Court of Missouri · 1913
9 more not listed; retrieve them via the Exa API.