A. McDowell & Co. v. Morgan
Supreme Court of Missouri
Appeal from, St. Louis Law Commissioner's Court. I. Neither the justice before whom the suit was commenced nor the Law Commissioner’s Court had jurisdiction of the subject matter of the action. The suit was founded on a penal bond, the penalty being one hundred and sixty-one dollars and twenty cents. (1 R. C. 1855, p. 266, § 14.) II. Because, at the time this suit was brought, plaintiff had no cause of action against the defendants.
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Appeal from, St. Louis Law Commissioner's Court. I. Neither the justice before whom the suit was commenced nor the Law Commissioner’s Court had jurisdiction of the subject matter of the action. The suit was founded on a penal bond, the penalty being one hundred and sixty-one dollars and twenty cents. (1 R. C. 1855, p. 266, § 14.) II. Because, at the time this suit was brought, plaintiff had no cause of action against the defendants. The bond was made to P. "W. Manning as obligee. The statute provides that he may assign the bond, and then the assignees might proceed in their own names. But…
1Opinion of the CourtDryden, Judge
The plaintiffs sued Clark by attachment, and recovered judgment against him before a justice of the peace. After return of nulla bona on an execution issued on the judgment, the plaintiffs resorted to the present proceedings by motion against the obligors in the forthcoming bond given in the original suit for judgment for the value of the property attached, or so much thereof as should be sufficient to pay the amount due on the execution, and the justice having given judgment against the obligors they appealed to the Law Commissioner’s Court, where, on a trial anew, they were again…
2Cited by8 opinions
- In re Life Ass'n of AmericaMissouri Court of Appeals · 1882
- Lawler v. VetteMissouri Court of Appeals · 1912
- State v. LuckeyMississippi Supreme Court · 1875
- First Nat. Bank v. McKeanCourt of Appeals for the Ninth Circuit · 1922
- Gerrans v. George Wenger Machinery & Supplies Manufacturing Co.Missouri Court of Appeals · 1892
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