St. Louis, Alton & Chicago Railroad v. Castello
Cases that cite this one
1 later published case cites this decision.
- State ex rel. Blanke v. Slayback (Mo. Ct. App. 1901)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
The liability of the sheriff to an action of replevin, under the circumstances of this case, is settled in the case of Bradley v. Holloway, 28 Mo. 150.
The exchange of bank notes for the convenience of bringing suit could not, of course, be regarded as a voluntary payment to the sheriff, or a waiver of claim on the part of the railroad company, and the understanding of the parties to it at the time of its occurrence having been submitted as a fact to be passed upon under proper instructions, there is no ground for disturbing the verdict and judgment. The other judges concurring, the* judgment of the court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.