State ex rel. Strickland v. Strickland's Administrator
Missouri Court of Appeals
Appeal from the Dallas Circuit Court. — Hon. Argus Cox, Judge. (1) The declaration of law on the part of defendants was wrong and should not have been given. Even if it be conceded for the sake of the argument that it was proper the prima facie evidence was clearly and positively overcome by the evidence.
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Appeal from the Dallas Circuit Court. — Hon. Argus Cox, Judge. (1) The declaration of law on the part of defendants was wrong and should not have been given. Even if it be conceded for the sake of the argument that it was proper the prima facie evidence was clearly and positively overcome by the evidence. The testimony of defendant Clement Strickland, alone, showed beyond a doubt that the object of J. H. Strickland in making the charge and securing the allowance of the $251 was to offset his liability as surety on Z. T. Strickland’s bond and not for a bona fide claim against relator or his…
1Opinion of the CourtGill, J.
This is a suit on a curator’s bond to recover the sum of $251 alleged to have been wrongfully appropriated by the curator. The facts are about as follows: While the plaintiff J. E. Strickland was a minor, he became entitled to a *404small amount of money and his father, Z. T. Strickland was appointed curator and J. H. Strickland (father of said Z. T. and grandfather of I. P. Strickland) signed as one of the sureties on the curator’s bond. Z. T. continued as curator until in the year 1885, when he died, owing his ward, as shown by the last annual settlement, the sum of $372.22. Thereupon, in…
2Cases cited6 opinions
- Myers v. MyersSupreme Court of Missouri · 1889
- Folger v. HeidelSupreme Court of Missouri · 1875
- Hensinger v. DyerSupreme Court of Missouri · 1898
- State ex rel. Koch v. RoeperSupreme Court of Missouri · 1884
- Brent v. Grace's AdministratorSupreme Court of Missouri · 1860
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3Cited by1 opinion
- State ex rel. Tygard v. ElliottMissouri Court of Appeals · 1900