State ex rel. Kearney v. Finn
Missouri Court of Appeals
Appeal from the St. Louis Circuit- Court, George W. Lubke, Judge. The relators, having failed to use the means of preventing the loss of their property, can not be allowed to hold the sheriff liable, to the value of their property. The State ex ret. ». Heinrich; 14 Mo.
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Appeal from the St. Louis Circuit- Court, George W. Lubke, Judge. The relators, having failed to use the means of preventing the loss of their property, can not be allowed to hold the sheriff liable, to the value of their property. The State ex ret. ». Heinrich; 14 Mo. App. 146. An execution having been issued and placed in the hands of the sheriff in the usual course, and such execution having been enforced and paid, operated a complete discharge of any liability on the cause of action stated in the petition. Freeman on Judgments, sects. 462 and 466. The relators knew nothing of the judgment…
1Opinion of the CourtRomeauer, J.
The opinion of this court on a former appeal is found in 11 Mo. App. 400. The relators, having obtained judgment for nominal damages only, appealed to this court, which affirmed the judgment. They then sued out a writ of error from the supreme court, and that court reversed the judgment and remanded the cause for new trial. 87 Mo. 311.
The action is on a sheriff’s bond, against him and his sureties, for official misconduct in making a false return. The relators claim that the sheriff, in a back tax case, prosecuted against them, made a false return of “not found” on the summons, although the…
2Cases cited3 opinions
- State v. LeeSupreme Court of Missouri · 1877
- Goldman v. WolffMissouri Court of Appeals · 1879
- State ex rel. Kearney v. FinnMissouri Court of Appeals · 1882
3Cited by1 opinion
- State v. BrandenburgSupreme Court of Missouri · 1893