State ex rel. Garesché v. Slevin
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Amos M. Thayer, Judge. (1) It was error to permit tlie dismissal of the suit as to John P. Slevin, the principal in the bond, for the reasons : (a) That the execution must issue first against the property of the principal in the bond, and only against the surety in the event of there not being sufficient property of the principal whereon to levy the amount.
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Appeal from St. Louis City Circuit Court. — Hon. Amos M. Thayer, Judge. (1) It was error to permit tlie dismissal of the suit as to John P. Slevin, the principal in the bond, for the reasons : (a) That the execution must issue first against the property of the principal in the bond, and only against the surety in the event of there not being sufficient property of the principal whereon to levy the amount. Vartie v. Underwood, 18 Barb. 551; Baylies on Guaranty and Suretyship, sec. 306; R. S., 1879, secs. 587, 2612, 235, 236, 288. (5) Because it deprived the sureties of their right of judgment…
1Opinion of the Court
Norton, C. J,
This suit was instituted in the circuit court of the city of St. Louis to recover damages occasioned by an alleged breach of a guardian’s bond. It is averred in the petition that, in 1871, John P. Slevin was appointed by the probate court of St. Louis county guardian of the person and estate of Louis Garesché, then a minor- about fifteen years old ; that said Slevin *257made and executed Ms bond, with defendants, Charles Slevin and Alexander J. P. Garesché, as sureties, with the condition that if the said John P. Slevin should well, truly, and faithfully discharge the duties of his…
2Cases cited2 opinions
- Folger v. HeidelSupreme Court of Missouri · 1875
- Oldham v. TrimbleSupreme Court of Missouri · 1851
3Cited by11 opinions
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
- Beck v. Barnett National Bank of JacksonvilleDistrict Court of Appeal of Florida · 1960
- State of Missouri ex rel. Stormfeltz v. Title Guaranty & Surety Co.Court of Appeals for the Eighth Circuit · 1934
- Sparr v. Globe Surety Co.Supreme Court of Kansas · 1917
- United States Fidelity & Guaranty Co. v. NashWyoming Supreme Court · 1912
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