Zimmer v. Massie
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». James N. Slover, Judge. (1) The court erred in giving plaintiff’s instruction one. This instruction erroneously directs a finding for plaintiff without requiring proof of any breach of the bond sued upon.
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Appeal from Jackson Circuit Court. — No». James N. Slover, Judge. (1) The court erred in giving plaintiff’s instruction one. This instruction erroneously directs a finding for plaintiff without requiring proof of any breach of the bond sued upon. Birdwhistle v. Woodward, 95 Mo. 113. [(2) The error was not cured by the proof offered by plaintiff that the appeal was dismissed, as it was further shown by the evidence that the appeal was dismissed on the ground that it was not taken within the time prescribed by statute and that the circuit court had never acquired jurisdiction to try the cause…
1Opinion of the CourtBroaddus, P. J.
This is a suit against defendant as the surety of T. H. Boyer on an appeal bond, executed by him and defendant on appeal from a judgment of a justice of the peace in a cause wherein plaintiff herein was plaintiff, and said Boyer was the defendant, who is not made a party to this action because of the fact that he had received his discharge in a bankruptcy proceeding.. After the said cause was so appealed to this circuit court, the plaintiff moved to dismiss the appeal on these grounds, viz.:
1. Because neither the appellant, nor anyone for him, entered into a proper recognizance before the…
2Cases cited4 opinions
- Garnet v. RodgersSupreme Court of Missouri · 1873
- Adams v. WilsonSupreme Court of Missouri · 1847
- Smith v. St. Louis, Kansas City & Northern, RailroadSupreme Court of Missouri · 1873
- Reiger v. FaberMissouri Court of Appeals · 1906
3Cited by2 opinions
- Hampshire Arms Hotel Co. v. St. Paul Mercury & Indemnity Co.Supreme Court of Minnesota · 1943
- W. J. Donnelly Co. v. Fidelity & Casualty Co.Ohio Court of Appeals · 1926