Showles v. Freeman
Supreme Court of Missouri
Error to Jackson Circuit Court.—Hon. S. H. Woodson, Judge. (1) To the extent, in the manner, under the circumstances pointed out in his obligation, the security is bound, and no further.
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Error to Jackson Circuit Court.—Hon. S. H. Woodson, Judge. (1) To the extent, in the manner, under the circumstances pointed out in his obligation, the security is bound, and no further. Farrar v. Christy, 24 Mo. 474; State ex rel. v. Sandusky, 46 Mo. 877; Wyman v. Robinson, 73 Me. 384, and cases cited; Railroad Co. v. Higjins, 58 111. 133; Miller v. Stuart, 9 Wheat. 702; Sims v. Harris, 8 B. Mon. 55; Brown v. Burrows, 2 Blatch. 340. (2) The court has no power to render judgment against the securities, because plaintiff failed to comply with the order requiring him to give a new bond. 1 R.…
1Opinion of the Court
Ewing, 0.
Jacob Showles commenced a replevin suit in Jackson circuit court against R. Y. Freeman, constable, and the plaintiffs in error were Showles’ securities on his replevin bond which was for $35, double the amount sworn to in the affidavit, as required by the statute. § 3, 2 Wag. Stat., p. 1024. The defendant filed a motion asking the court to require the plaintiff to give a new bond, (2 Wag. Stat., 1025, § 8,) upon failure to do which in the time required by the order of the court the case was dismissed. Thereupon *543the court assessed the damages aud rendered judgment against the sureties…
2Cases cited12 opinions
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- Downing v. StillSupreme Court of Missouri · 1869
- Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
- Jones v. HartSupreme Court of Missouri · 1875
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Casper v. LeeSupreme Court of Missouri · 1952
- Cross v. GouldMissouri Court of Appeals · 1908
- State v. WearSupreme Court of Missouri · 1898
- Wooten v. FriedbergSupreme Court of Missouri · 1946
- Hecker v. BleishSupreme Court of Missouri · 1928
15 more not listed; retrieve them via the Exa API.