Reports of Cases Argued And Decided in the Supreme Court of the State of Missouri
Reports of Cases Argued And Decided in the Supreme Court of the State of Missouri
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C. C. 316.) Stephens Sf Vest, for defendant in error.
I. As the proceedings of the trustees were ex parte and summary, the law under which they were had must be strictly pursued ; and as they set up that law in this case as a defence to the action of Atkison, it devolves upon them to show that all the pre-requisites of the law were complied with bofore his property was sold. Although as a general rule it is true that public officers are presumed to have done their duty until the contrary is sho...wn, still such proceedings as this sale— ex parte, summary and against common right — are exceptions, and in these it devolves upon the party shield- ing himself behind them to show that he has pursued the law strictly, and complied with all its requirements. (See Mor- ton V. Reeds, 6 Mo. 64.) II. Amick had no right to sell any property of Atkison's until after a demaud ; and as he has failed to show any de- mand made, but that in fact there was none on the part of the constable of the township of whom he was the deputy, he was then a trespasser in making the sale, and the same was void.
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To quickly assess the difficulty of the text, read a short excerpt:
C. C. 316.) Stephens Sf Vest, for defendant in error.
I. As the proceedings of the trustees were ex parte and summary, the law under which they were had must be strictly pursued ; and as they set up that law in this case as a defence to the action of Atkison, it devolves upon them to show that all the pre-requisites of the law were complied with bofore his property was sold. Although as a general rule it is true that public officers are presumed to have done their duty until the contrary is sho...wn, still such proceedings as this sale— ex parte, summary and against common right — are exceptions, and in these it devolves upon the party shield- ing himself behind them to show that he has pursued the law strictly, and complied with all its requirements. (See Mor- ton V. Reeds, 6 Mo. 64.) II. Amick had no right to sell any property of Atkison's until after a demaud ; and as he has failed to show any de- mand made, but that in fact there was none on the part of the constable of the township of whom he was the deputy, he was then a trespasser in making the sale, and the same was void.
What to read after Reports of Cases Argued And Decided in the Supreme Court of the State of Missouri?
You can find similar books in the "Read Also" column, or choose other free books by Missouri. Supreme Court to read onlineMoreLess
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