Adams v. Wilson
Supreme Court of Missouri
ERROR to Platte Circuit Court. The plaintiffs in error contend and insist that the Circuit Court, on the trial, committed error, 1st. In permitting the recognizances to he read in evidence on abcount of variance between them, and those set out in the declaration; the latter, as described in the declaration, having no blanks therein — and this objection was well taken under the issue made by the seventh plea. 2d.
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ERROR to Platte Circuit Court. The plaintiffs in error contend and insist that the Circuit Court, on the trial, committed error, 1st. In permitting the recognizances to he read in evidence on abcount of variance between them, and those set out in the declaration; the latter, as described in the declaration, having no blanks therein — and this objection was well taken under the issue made by the seventh plea. 2d. Under the first instruction given by the Court for defendants below, plaintiffs in error, the Circuit Court ought to have found for defendant Cartwright, for the testimony of justice…
1Opinion of the CourtScott, J.
This was an action on three several recognizances, taken on appeals from a justice of the peace to the Circuit Court.
The declaration contained six counts, three counting on the instruments as bonds, and three as recognizances.
The parties went to trial on the pleas of non estfactum, nul tiel record, as to the judgments appealed from and set out in the plaintiffs’ declaration, and nul tiel record as to the recognizances of appeal.
The recognizances contained only the name of the appellant, or person appealing, the names of the sureties were omitted in the body of them, they ran thus: “Know…
2Cases cited1 opinion
- Commonwealth v. LoveridgeMassachusetts Supreme Judicial Court · 1814
3Cited by10 opinions
- Garnet v. RodgersSupreme Court of Missouri · 1873
- Julian v. RogersSupreme Court of Missouri · 1885
- Moore v. DamonMissouri Court of Appeals · 1877
- Hessey v. HeitkampMissouri Court of Appeals · 1880
- Downing v. LashotMissouri Court of Appeals · 1919
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