State ex rel. Mitchell v. Kirby
Supreme Court of Missouri
ERROR to Jackson, POINTS AND AUTHORITIES. 1. That it is not necessary that a constable’s bond should set out the name of the township — but that a bond conditioned only to discharge 'the duties of his office as constable, is sufficient. Statute ’35, p. 116, § 2 & 7 ; Sess. Acts 1842-3, p. 75! 2. If it be necessary, it may be shewn that it was omitted by mistake, and the omission supplied by proof.
Read the full summary
ERROR to Jackson, POINTS AND AUTHORITIES. 1. That it is not necessary that a constable’s bond should set out the name of the township — but that a bond conditioned only to discharge 'the duties of his office as constable, is sufficient. Statute ’35, p. 116, § 2 & 7 ; Sess. Acts 1842-3, p. 75! 2. If it be necessary, it may be shewn that it was omitted by mistake, and the omission supplied by proof. Starkie’s Ev., title Parol Evidence, side p. 556, 657, vol. 2 & note 1; 18 Mass. Rep. 158 ; 2 Dallas, 180. Relies upon the following POINTS AND AUTHORITIES. 1. The declaration does not aver that the…
1Opinion of the CourtMcBride, J.
This was an action of debt brought by plaintiff against the defendant on a constable’s bond. The defendant craved oyer of the bond, set it out and demurred.
The condition of the bond is, “that whereas the above bounden Richard Kirby was duly elected constable of-in the county of Jackson and State of Missouri, at the general election held on the first Monday, Tuesday and Wednesday in August, 1840, until the next general election. .Now, therefore, if the above bounden Richard Kirby shall serve all process to him directed and delivered, and shall pay over all moneys by him collected thereon, and…
2Cited by3 opinions
- Sanguinetti v. SanguinettiCalifornia Supreme Court · 1937
- Lazzarevich v. LazzarevichCalifornia Court of Appeal · 1948
- Heath v. GoslinSupreme Court of Missouri · 1883