Melvin ex rel. McVey v. Evans
Missouri Court of Appeals
Appeal from the Schuyler Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court erred in sustaining the motion to dismiss. The action was for damages for a breach of the bond — each of the defendants was severally liable to the relator. If the action did not survive as against the personal representative of Evans, then it should have been continued as to the surviving defendants.
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Appeal from the Schuyler Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court erred in sustaining the motion to dismiss. The action was for damages for a breach of the bond — each of the defendants was severally liable to the relator. If the action did not survive as against the personal representative of Evans, then it should have been continued as to the surviving defendants. The statute is mandatory- R. S. 1889, sec. 2196; Bullock v. King, 48 Ga. 550; Hess v. Lowery, 23 N. E. Rep. 156. (2) ■ The court erred in overruling the motion for a new trial. (3) The spirit and reason of the…
1Opinion of the CourtEllison, J.
The relator instituted this action against defendant Evans as constable, and the other defendants as his sureties on his official bond. ■ The allegation is that, relator becoming intoxicated in the town of Lancaster, the constable (by proper authority set out) arrested him, and that in doing so he, the constable, unnecessarily beat him with stones and injured him. After the action was instituted, and before trial,the constable died. The surety defendants, in a proper way, made this suggestion to the court, and on their motion the court abated the action. Relator appeals. It is conceded by…
2Cases cited3 opinions
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Bullock v. KingSupreme Court of Georgia · 1873
3Cited by6 opinions
- Brown v. WightmanUtah Supreme Court · 1915
- Manson v. Wabash Railroad CompanySupreme Court of Missouri · 1960
- Tuttle v. ShortWyoming Supreme Court · 1930
- Woodford v. McDanielsWest Virginia Supreme Court · 1914
- Byrd v. ByrdWest Virginia Supreme Court · 1940
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