Thompson v. Smith
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. 1. This proceeding by motion on a bond, for the forthcoming of property attached, is under the Act of Assembly of Feb. 15,1841. — Acts of 1840-41, p. 15. 2. The act was prospective, and does not authorize judgments on such bonds by motion, except in eases where the judgment in the original suit shall he .rendered after the passage of the act.— See the phraseology of the act. 3. That act does not apply to bonds which had been given under…
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ERROR to St. Louis Circuit Court. 1. This proceeding by motion on a bond, for the forthcoming of property attached, is under the Act of Assembly of Feb. 15,1841. — Acts of 1840-41, p. 15. 2. The act was prospective, and does not authorize judgments on such bonds by motion, except in eases where the judgment in the original suit shall he .rendered after the passage of the act.— See the phraseology of the act. 3. That act does not apply to bonds which had been given under statutes not then in force, its language expressly confining the summary remedy there furnished to bonds given as now…
1Opinion of the CourtTompkins, J.
In December, 1836, an attachment at the suit of James Smith, William H. Smith, and John Cavender, plaintiffs, against Charles Gillaspie and Samuel Cover, defendants, was levied on fifteen sacks of coffee, which were released from the attachment by the sheriff, on his taking a bond conditioned, that if the effects so attached and restored should be produced and delivered, subjeet to the *724judgment of the court, &c., then the obligation to'be void, otherwise it should remain in full force.
On the §ccond day of November, 1843, a rule was served on John S. Thompson, one of the obligors in said bond,…
2Cited by7 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Petring v. Current River Land & Cattle Co.Missouri Court of Appeals · 1905
- Shields v. Johnson CountySupreme Court of Missouri · 1898
- Manwaring v. Missouri Lumber & Mining Co.Supreme Court of Missouri · 1906
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