State Ex Rel. Nolte v. Reynolds
Supreme Court of Missouri
Certiorari. (i) Sec. 2:240, R. S. 1909, is a penal statute designed to punish willful misconduct and negligence on the part of sheriffs in the performance of their official duties. It has no application to the acts of an officer, who in their performance, proceeds with care and with an earnest desire to do Ins full duty under the law.
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Certiorari. (i) Sec. 2:240, R. S. 1909, is a penal statute designed to punish willful misconduct and negligence on the part of sheriffs in the performance of their official duties. It has no application to the acts of an officer, who in their performance, proceeds with care and with an earnest desire to do Ins full duty under the law. State ex rel. v. Nolte, 203 S. W. 956. (2) If the officer makes an honest mistake he is liable for such actual damages as may result, but cannot be punished by being compelled to pay an arbitrary sum wholly unrelated to- the consequences of his mistake. State ex…
1Concurrence
“ ‘GRAVES, C. J.
I concur in the result only of the learned commissioner’s opinion in this case. To my mind the case of State ex rel. v. O’Neil Lumber Company et al., 170 Mo. 7, 70 S. W. 121, settles the question as to which law is applicable. The effect of that ruling is that the sheriff is governed by the prior special law, *262and not by the later general law. The commissioner rules contra. To this ruling I do not agree in view of the O’Neil Lumber Company case, supra.
“ ‘However, I do agree to the reversal of the judgment, and the remanding of the cause, as called for by the opinion. My reasons…
2Cases cited3 opinions
- Metzner v. GrahamSupreme Court of Missouri · 1877
- State ex rel. Ramming v. O'Neil Lumber Co.Supreme Court of Missouri · 1902
- State ex rel. Ross v. CaseSupreme Court of Missouri · 1883