Walker v. Borland
Supreme Court of Missouri
Appeal from Jasper Circuit Court. Trespass for the seizure and sale under an execution against James Walker, of a horse, some cows, calves and other cattle belonging to the plaintiff. The. defendants were Nancy Bor-land, the plaintiff in the execution, and her securities in a bond given to indemnify the sheriff for selling after a sheriff’s jury had found the property to belong to the plaintiff.
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Appeal from Jasper Circuit Court. Trespass for the seizure and sale under an execution against James Walker, of a horse, some cows, calves and other cattle belonging to the plaintiff. The. defendants were Nancy Bor-land, the plaintiff in the execution, and her securities in a bond given to indemnify the sheriff for selling after a sheriff’s jury had found the property to belong to the plaintiff. There was a judgment by default for want of an answer, and a writ of inquiry ordered. At the execution of the writ, the plaintiff was allowed to show the present value of the cattle, taking into…
1Opinion of the CourtLeonard, Judge
The only point made before us in argument is in reference to the measure of damages, and in this we think the court erred. It is desirable to have as definite and precise rules upon this subject as possible, and a proper administration of justice requires that these rules should be strictly adhered to. It is in vain that the legal rights of the parties are settled by the courts if the amount of compensation for violations of these rights is left to the arbitrary discretion of a jury, and hence it is both the policy and tendency of our law to reduce the measure of damages, in all cases where…
2Cases cited1 opinion
- Dillenback v. JeromeNew York Supreme Court · 1827
3Cited by22 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Burruss v. HinesSupreme Court of Virginia · 1897
- Lillian M. Lewellen, Appellant/Cross-Respondent v. Chad Franklin and Chad Franklin National Auto Sales North, LLC, Respondents/Cross-Appellants.Supreme Court of Missouri · 2014
- Franz v. HilterbrandSupreme Court of Missouri · 1869
- Watson v. HarmonSupreme Court of Missouri · 1885
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