State ex rel. Kearney v. Finn
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. A sheriff is liable for damages resulting from the making- of a false return of process, similar to the one involved in this case. — Bolles v. Bowen, 45 N. H. 125 ; Davis v. Richmond, 35 Vt. 419; Waterhouse v. Gibson, 4 Me. 234; Tomlinson v. Long, 8 Jones L. 469; Wright v. Keith, 24 Me. 164; Albright v. Tapscott, 8 Jones L. 473. Without the return of “ not found,” the court could not have made the order for giving notice by…
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Appeal from the St. Louis Circuit Court, Adams, J. A sheriff is liable for damages resulting from the making- of a false return of process, similar to the one involved in this case. — Bolles v. Bowen, 45 N. H. 125 ; Davis v. Richmond, 35 Vt. 419; Waterhouse v. Gibson, 4 Me. 234; Tomlinson v. Long, 8 Jones L. 469; Wright v. Keith, 24 Me. 164; Albright v. Tapscott, 8 Jones L. 473. Without the return of “ not found,” the court could not have made the order for giving notice by publication, and all the proceedings in the case, from the making of the order to the sale of the property, followed as…
1Opinion of the CourtThompson, J.
This is an action against a sheriff and his sureties, for damages for a false return. The relatrix, Mrs. Kearney, was the owner of a house and lot in St. Louis on which the taxes for the year 1875, amounting to the sum of $18.21, were due and in arrears. On May 29, 1878, the tax collector instituted a suit under what is known as the back-tax law, to enforce the lien of the state for these taxes. A summons was issued in accordance with the requirements of the statute,.against Mrs. Kearney and her husband, was placed in the hands of the defendant, as sheriff, which, on *402October 7, 1878, was…
2Cases cited12 opinions
- Pastene v. AdamsCalifornia Supreme Court · 1874
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Griggs v. FleckensteinSupreme Court of Minnesota · 1869
- Carter v. TowneMassachusetts Supreme Judicial Court · 1870
- Tutein v. HurleyMassachusetts Supreme Judicial Court · 1867
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3Cited by4 opinions
- State ex rel. Hudson v. HeinrichMissouri Court of Appeals · 1883
- Newton v. StrangMissouri Court of Appeals · 1892
- State ex rel. Kearney v. FinnMissouri Court of Appeals · 1887
- State ex rel. Wolff v. FinnMissouri Court of Appeals · 1883