State ex rel. Moore v. Sandusky
Supreme Court of Missouri
Appeal from Fourth District Court. The judgment is excessive. In no case could it have been rendered against the securities for more than the amount of the penalty in the bond. (Gen. Stat. 1865, p. 605, §§ 8-10; id. 607, § 28 ; Farrar & Brown v. United States, 5 Pet. 372; People v. Sumner, 16 Ill. 174; Robinson v. County Commissioners, 5 Gilm. 559 ; Skinner et al. v. Phillips, Sheriff, 4 Mass. 68 ; Sedgw. Meas.
Read the full summary
Appeal from Fourth District Court. The judgment is excessive. In no case could it have been rendered against the securities for more than the amount of the penalty in the bond. (Gen. Stat. 1865, p. 605, §§ 8-10; id. 607, § 28 ; Farrar & Brown v. United States, 5 Pet. 372; People v. Sumner, 16 Ill. 174; Robinson v. County Commissioners, 5 Gilm. 559 ; Skinner et al. v. Phillips, Sheriff, 4 Mass. 68 ; Sedgw. Meas. Dam. 425 ; Fairly v. Lawson, 5 Cow, 424.) The release of the principal, Carter, and one of the securities, Hoyle, operated as a discharge of all the securities. (State, to use of…
1Opinion of the CourtWagNER, Judge
The objections urged to the sufficiency of the petition will not be particularly noticed here. That the second amended petition on which the cause was tried was inartistic and artificial is undoubted, but it was substantially good after verdict, and unless some error in the ruling of the court below, involving the merits, appears, the judgment will not be disturbed. The action of the court in allowing an amendment to the caption of the petition after the evidence was in, was a matter resting very much within its sound discretion, and we should have to see that it operated clearly to the…
2Cases cited8 opinions
- Brainard v. . JonesNew York Court of Appeals · 1858
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
- Clark v. BushNew York Supreme Court · 1824
- Carter v. CarterSupreme Court of Connecticut · 1809
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Kregain v. BlakeSupreme Court of Missouri · 1922
- Showles v. FreemanSupreme Court of Missouri · 1884
- Hartford Fire Ins. v. CaseyMissouri Court of Appeals · 1917
- Ayres v. MilroySupreme Court of Missouri · 1873
23 more not listed; retrieve them via the Exa API.