Barry County ex rel. Woolsey v. Sherman
Missouri Court of Appeals
Appeal from Barry Circuit Court. — Eon. F. O. Johnston, Judge. The court erred in admitting the bond and record “M” of the county court in evidence. First. For the reason the statute, section 2995, does not authorize the giving or taking of such a bond. The statute does require a bond to be given and approved by the court of $2000, with certain conditions, but nowhere is the court authorized to take a bond in the sum of $25.00 from a dramshop keeper. Second.
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Appeal from Barry Circuit Court. — Eon. F. O. Johnston, Judge. The court erred in admitting the bond and record “M” of the county court in evidence. First. For the reason the statute, section 2995, does not authorize the giving or taking of such a bond. The statute does require a bond to be given and approved by the court of $2000, with certain conditions, but nowhere is the court authorized to take a bond in the sum of $25.00 from a dramshop keeper. Second. There is no record of the county court taking or approving the bond sued on. Without the approval by the court the bond was void. Bank…
1Opinion of the CourtGoode, J.
Action on the bond of appellant Sherman as dramshop keeper, against him and his sureties. Sherman kept a dramshop in the town of Monett, in Barry county, Missouri, and at the time license was granted, executed a bond to said county in the sum of $2500, with th& statutory conditions as prescribed in *693section 2995, article 1, chaper 22, Revised Statutes 1899. The relator, Mrs. S. J. Woolsey, was the wife of George Woolsey, who died June 21, 1906. There is evidence tending to show as follows: Deceased was during his lifetime, or the latter part of it, an habitual drunkard, and his wife, relator,…
2Cases cited3 opinions
- Graves v. McHughSupreme Court of Missouri · 1875
- State ex rel. Ryan v. EmmerlingMissouri Court of Appeals · 1882
- State ex rel. Constable v. BrookeMissouri Court of Appeals · 1888