State ex rel. Roe v. Thomas
Supreme Court of Missouri
Error to St. Louis Court qf Common Pleas. On the 12th of September, 1849, Samuel Gunn sued out of the St. Louis Circuit Court an attachment against Bernard F. Roe, a resident o£ Iowa, for three hundred and nineteen dollars, and executed an attachment bond in the usual form, with Jacob P. Thomas as security.
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Error to St. Louis Court qf Common Pleas. On the 12th of September, 1849, Samuel Gunn sued out of the St. Louis Circuit Court an attachment against Bernard F. Roe, a resident o£ Iowa, for three hundred and nineteen dollars, and executed an attachment bond in the usual form, with Jacob P. Thomas as security. The writ of attachment was levied upon a lot of merchandise, worth from one to two thousand dollars, belonging to Roe, purchased by him of merchants in St. Louis, for Roe’s store in Iowa, and then being on board a steamboat at the levee in St. Louis, Roe was then in Iowa. A forthcoming…
1Opinion of the CourtScott, Judge
This is an action against the surety in the attachment bond. The condition of the bond is, that Samuel Gunn, (the principal, ) should prosecute his action without delay, and with effect, refund all sums of money that might be adjudged to be refunded to the defendant, or found to have been received by the plaintiff and not justly due to him, and pay all damages that might accrue to any defendant or garnishee, by reason of the attachment or any process or proceeding in the suit, or by reason of any judgment or process thereon.
The only question presented by the record is, whether the plaintiff…
2Cases cited2 opinions
- Blair v. Perpetual InsuranceSupreme Court of Missouri · 1847
- Donnell v. JonesSupreme Court of Alabama · 1850
3Cited by20 opinions
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Elder v. KutnerCalifornia Supreme Court · 1893
- Fry v. EstesMissouri Court of Appeals · 1892
- State ex rel. Clifford v. BeldsmeierSupreme Court of Missouri · 1874
- State ex rel. Rigby v. GoodhueMissouri Court of Appeals · 1898
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