Legal Opinion

Staley v. Howard

Missouri Court of Appeals

Decided June 17, 1879PublishedCited by 5 opinions

Appeal from St. Louis Circuit Court. The instruction given by the court for plaintiff is erroneous, and illegally assumes that the judgment or decree of the Circuit Court is á personal judgment against a married woman, which it is not, and if it were it would be void. — /St. Louis v. Bernoudy, 43 Mo. 552 ; Higgins v. Pitzer, 49 Mo. 152; Fithian v. Monks, 43 Mo. 502. There was no breach of the bond.— Jenkins v. Hay, 28 Md. 547; Woods v. Fulton, 2 Har. & G. 71. A bond is…

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Appeal from St. Louis Circuit Court. The instruction given by the court for plaintiff is erroneous, and illegally assumes that the judgment or decree of the Circuit Court is á personal judgment against a married woman, which it is not, and if it were it would be void. — /St. Louis v. Bernoudy, 43 Mo. 552 ; Higgins v. Pitzer, 49 Mo. 152; Fithian v. Monks, 43 Mo. 502. There was no breach of the bond.— Jenkins v. Hay, 28 Md. 547; Woods v. Fulton, 2 Har. & G. 71. A bond is discharged when the performance is prevented by the obligee. — Olive v. Alter, 14 Mo. 185. A feme covert, with respect to her…

1Opinion of the CourtHayden, J.

This is a suit against the defendants as sureties in an appeal bond the condition of which is as follows: “ Now if said appellants shall prosecute their appeal with due diligence to a decision in the Supreme Court, and shall perform such judgment as shall be given by the Supreme Court, or such as the Supreme Court may direct tile Circuit Court to give, and if the judgment, or any part thereof, be affirmed, will comply with and perform the same so far as it may be *379affirmed, and pay all damages and costs which may be affirmed, and pay all damages and costs which may be awarded against them by…

2Cases cited2 opinions

  1. Hooton v. RansomMissouri Court of Appeals · 1878
  2. Jenkins v. HayCourt of Appeals of Maryland · 1868

3Cited by5 opinions

  1. Davis v. SmithSupreme Court of Missouri · 1881
  2. Boatmen's Saving Bank v. McMenamyMissouri Court of Appeals · 1889
  3. Day v. McPheeSupreme Court of Colorado · 1907
  4. Heiman v. FisherMissouri Court of Appeals · 1881
  5. Mississippi Valley Trust Co. v. SomervilleMissouri Court of Appeals · 1900

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