State ex rel. McDonald v. Langdon
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court. I. Eelators must show the extent to which they were actually damaged by the alleged neglect of the constable. (Bennett, adm’x, vs. Vineyard, 34 Mo., 216 ; Eel. Treat., 417.) II. The question as to whether the officer did return the same within the time limited, was put directly in issue by the pleadings; and the officer’s return on the execution showed that it was properly returned within the time.
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Appeal from, Buchanan Circuit Court. I. Eelators must show the extent to which they were actually damaged by the alleged neglect of the constable. (Bennett, adm’x, vs. Vineyard, 34 Mo., 216 ; Eel. Treat., 417.) II. The question as to whether the officer did return the same within the time limited, was put directly in issue by the pleadings; and the officer’s return on the execution showed that it was properly returned within the time. But the court admitted the verbal evidence and a written memorandum, made by the justice on the execution, to contradict the return of the officer. This was…
1Opinion of the CourtAdams, Judge
This was an action on a constable’s bond, for failing to return an execution according to the command of the writ.
The execution was for $147.15, and was dated 26th of August, 1871, and made returnable ninety days thereafter. A return was indorsed by the constable on the execution, as of date the 26th of October, 1S71, “no property found whereon *352to levy but the execution was not in fact returned to the justice of the pe'ace till the 7th of December, 1871. The plaintiff claimed as damages, the whole amount of the execution, with interest thereon at the rate of one hundred per centum per annum.
On…
2Cases cited3 opinions
- Bennett v. VinyardSupreme Court of Missouri · 1863
- State ex rel. Moutrey's Administrator v. MuirSupreme Court of Missouri · 1857
- State v. McLernanSupreme Court of Missouri · 1847
3Cited by2 opinions
- Gruen v. BambergerMissouri Court of Appeals · 1881
- State ex rel. Fowler v. ChaneyMissouri Court of Appeals · 1892