State ex rel. Hyslop v. Bilby
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) As to proceeds of sale of land, and the interest thereon. The court erred in admitting evidence relative thereto, and in directing the jury, in instruction, numbered 1, given for defendant, to deduct such proceeds and interest from amount found to be due ward by the former curator’s (Wood’s) final settlement.
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Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) As to proceeds of sale of land, and the interest thereon. The court erred in admitting evidence relative thereto, and in directing the jury, in instruction, numbered 1, given for defendant, to deduct such proceeds and interest from amount found to be due ward by the former curator’s (Wood’s) final settlement. R. S. 1879, secs. 2592, 2593. As to interest, see Frost v. Winston, 32 Mo. 489; R. S. 1879, sec. 2599; State to use v. Richardson, 29 Mo. App. 596. (2) Defendant Bilby, as surety on the bond in suit, is liable for…
1Opinion of the CourtEllison, J.
— This suit is by a present guardian against the surety on a prior guardian’s bond, and is here on plaintiff’s appeal. March 20, 1876, one John S. Wood was appointed guardian and curator of his minor son, and on that day executed his bond for $6,000 conditioned for the faithful performance of his duties. April. 2, 1883, the probate court, finding that one of the sureties on such bond had become insolvent, ordered Wood to give an additional bond for $6,000, in lieu of the first, which he did on that day, the defendant herein being one of the sureties. On May 15, 1891, the probate court revoked…
2Cases cited8 opinions
- State ex rel. Rucker v. RuckerSupreme Court of Missouri · 1875
- Dix v. MorrisSupreme Court of Missouri · 1877
- State ex rel. Frost v. CreusbauerSupreme Court of Missouri · 1878
- State ex rel. Griffith v. HoltSupreme Court of Missouri · 1858
- State v. DrurySupreme Court of Missouri · 1865
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3Cited by6 opinions
- American Bonding Co. v. PeopleSupreme Court of Colorado · 1909
- Owens v. McMahanWashington Supreme Court · 1922
- State ex rel. Taaffe v. GogginSupreme Court of Missouri · 1905
- Williams v. ReedMissouri Court of Appeals · 1898
- Lincoln Trust Co. v. WolffMissouri Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.