State ex rel. Armstrong Bros. v. Langdon
Supreme Court of Missouri
App tal from Buchanan Circuit Court. I. Tbe value of the property released by the constable was the measure of damages; and tins matter should have been inquired into, and the damages assessed in the usual way, even if the court below was correct in sustaining the motion for judgment, notwithstanding the answer. . The court, therefore, erred in giving final judgment as to the forfeiture of the bond, and the amount of relators damage at the same time; and in refusing…
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App tal from Buchanan Circuit Court. I. Tbe value of the property released by the constable was the measure of damages; and tins matter should have been inquired into, and the damages assessed in the usual way, even if the court below was correct in sustaining the motion for judgment, notwithstanding the answer. . The court, therefore, erred in giving final judgment as to the forfeiture of the bond, and the amount of relators damage at the same time; and in refusing defendants an inquiry and assessment of damages in the usual way. (Gen. Stat., 1S65, pp. 60 II. binder the facts set up in…
1Opinion of the CourtWagner, Judge
This was an action commenced on an official bond as constable, against Langdon, as principal, and the other defendants as sureties. The breach assigned was; that Langdon failed to perform his duty in making the money on an execution placed in his hands for collection.
It is alleged in the petition that the plaintiffs in the suit were the plaintiffs in a certain proceeding by attachment before a justice of the peace; and that by virtue of process, the defendant as constable attached the personal property of the defendant therein, and had it in his possession ; that judgment was duly given in…
2Cited by4 opinions
- State Ex Rel. Mather v. CarnesMissouri Court of Appeals · 1977
- State ex rel. Gates v. FitzpatrickSupreme Court of Missouri · 1876
- McElfatrick v. MacauleyMissouri Court of Appeals · 1884
- State ex rel. Fowler v. ChaneyMissouri Court of Appeals · 1892