Williams v. Watson

Decided March 15, 1863

Supreme Court of Missouri · decided 1863-03-15

Louis Law Commissioner’s Court. This was a suit brought before a justice against Watson, a constable, and. his securities, for failing to return an execution placed in his hands within the time prescribed by law. The justice, having rendered his judgment in favor of the plaintiff, William B. Watson, one of the defendants, made his affidavit for an appeal.

Cited by 4 later decisions — most recently April 1936

3 state decisions

Key passage — most relied on by later courts

“The instruction given for the defendants was palpably wrong. Even in a criminal case there must be a reasonable doubt to acquit the defendant, and the principle has no application to a civil case.”

quoted by 1 later decision, including Aly v. Terminal Railroad Assn.

Good law ✅— No negative treatment on recordhow we know

Decided 1863-03-15

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Bates, Judge,

¶1delivered the opinion of the court.

¶21. There was no error in permitting the defendants to file *98an affidavit and recognizance in the appellate court. (R. O. 1855, p. 973, § 7, and p. 975, § 17.) And after they were filed the motions to dismiss the appeal were properly overruled.

¶32. The instruction given for the defendants was palpably wrong. Even in a criminal case there must be a reasonable doubt to acquit the defendant, and the principle has no application to a civil case.

¶4Judgment reversed and cause remanded.

Judges Bay and Dryden concur.