State v. Caldwell
Supreme Court of Missouri
Appeal from St. Louis Criminal Court.—Hon. H. L. Edmunds, Judge. (1) A recognizance taken by an unauthorized officer or person, is null and void, and can not be enforced, either as a statutory or common law obligation. 1 R. S. 1889, secs. 4049, 4123, 4126; 2 R. S. 1889, p. 2149, see. 16; State v. Randolph, 26 Mo. 213'; State v. Nelson, 28 Mo. 13; State v. Watson, 54 Mo.
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Appeal from St. Louis Criminal Court.—Hon. H. L. Edmunds, Judge. (1) A recognizance taken by an unauthorized officer or person, is null and void, and can not be enforced, either as a statutory or common law obligation. 1 R. S. 1889, secs. 4049, 4123, 4126; 2 R. S. 1889, p. 2149, see. 16; State v. Randolph, 26 Mo. 213'; State v. Nelson, 28 Mo. 13; State v. Watson, 54 Mo. App. 416; State v. Winninger, 81 Ind. 51; Morrow v. State, 5 Kan. 563; Dickenson v. State, 20 Neb. 72; Butler v. Foster, 14 Ala. 323; Antones v. State, 26 Ala. 81; Gray v. State, 43 Ala. 41; Com. v. Roberts, 1 Duv. (Ky.) 199;…
1Opinion of the CourtSherwood, J.
The state instituted this proceeding, scire facias, on a bond given for the appearance of Caldwell to answer to a charge of embezzlement, on which he was indicted in the criminal court of St. Louis city. Charles A. Gritehell was the surety of Caldwell on the bond, and the principal in the bpnd having practically abjured the realm, Gritehell was served with process, and, judgment being rendered against him for the amount of the recognizance, he appealed to the St. Louis court of appeals, whence the cause was transferred to this court.
I. The bond in this ease, though the bill of exceptions…
2Cases cited6 opinions
- Dickenson v. StateNebraska Supreme Court · 1886
- Morrow v. StateSupreme Court of Kansas · 1870
- Williams v. ShelbyOregon Supreme Court · 1865
- State v. RandolphSupreme Court of Missouri · 1858
- State v. NelsonSupreme Court of Missouri · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. AndersonSupreme Court of Missouri · 1967
- Kirk v. United StatesU.S. Circuit Court for the District of Northern New York · 1904
- State v. EyermannSupreme Court of Missouri · 1903
- Territory of Oklahoma Ex Rel. Thacker v. WoodringSupreme Court of Oklahoma · 1905
- Kirk v. United StatesU.S. Circuit Court for the District of Northern New York · 1903
6 more not listed; retrieve them via the Exa API.