Koontz v. Kaufman
Missouri Court of Appeals
Appeal from Cooper Circuit Court, Host. E. L. Edwards, Judge. Statement of case by the court. The petition in this case is as follows : “The plaintiff states that on the twenty-fifth day of April, 1881, he was constable of Boonville township in the county of Cooper and state of Missouri, duly 'commissioned and qualified; that on the said day John L. O’Bryan commenced a suit by attachment before R. H. Howard, justice of the peace of said Boonville township, county and state…
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Appeal from Cooper Circuit Court, Host. E. L. Edwards, Judge. Statement of case by the court. The petition in this case is as follows : “The plaintiff states that on the twenty-fifth day of April, 1881, he was constable of Boonville township in the county of Cooper and state of Missouri, duly 'commissioned and qualified; that on the said day John L. O’Bryan commenced a suit by attachment before R. H. Howard, justice of the peace of said Boonville township, county and state aforesaid, against one Charles Kaufman, and a writ of attachment was issued by said justice in said cause and by him…
1Opinion of the CourtPhilips, P. J.
I. The first question, in order, for determination is, as to the admissibility in evidence of the record in the suit of O’ Bryan vs. Koontz. The gravamen (A plaintiff’s complaint is, that by reason of defendants ’ false and fraudulent representations respecting the ownership of the property he was induced to release the same from his levy, whereby he was subjected to damage. As his loss was consequent upon that judgment, it was competent to plead and put in evidence that record to prove the judgment, and its satisfaction. Freeman on Judg. 416, 417; Walker v. Deaver, 79 Mo. 678; Blasdale v.…
2Cases cited18 opinions
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- Castle v. . NoyesNew York Court of Appeals · 1856
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- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
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- Herold v. Pioneer Trust Co.Missouri Court of Appeals · 1922
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