State ex rel. Clark v. Parsons
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon. Edwin R. McKee, Judge. (1) No breaches of the conditions of the bond are sufficiently assigned; the only ones attempted are (1) Failure to prosecute attachment with effect. (2) To pay damages and costs to the defendants. The petition shows the property was sold at judicial sale in vacation ; no intimation that it was not fair, or that it did not sell for all it would fairly bring on the market.
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Appeal from Knox Circuit Court. — Hon. Edwin R. McKee, Judge. (1) No breaches of the conditions of the bond are sufficiently assigned; the only ones attempted are (1) Failure to prosecute attachment with effect. (2) To pay damages and costs to the defendants. The petition shows the property was sold at judicial sale in vacation ; no intimation that it was not fair, or that it did not sell for all it would fairly bring on the market. The statute declares (section 382, R. S. 1899) “When property shall be actually seized which is likely to perish or depreciate in value before the probable…
1Opinion of the CourtGoode, J.
This is an action on an attachment bond by the appellants. On March 3, 1899, Fred B. Parsons instituted an action of attachment against *435John L. and Felix Clark in the circuit court of Knox county, and H. R. and E. O. Parsons were his sureties on the bond given in the proceeding, which was in the penal sum of $8,500 of the ordinary form and conditioned as follows: “Now, therefore, if said plaintiff shall prosecute said action without delay and with effect, refund all sums of money that may be adjudged to be refunded to the defendants or found to have been received by plaintiff and not justly…
2Cases cited14 opinions
- Wehle v. . HavilandNew York Court of Appeals · 1877
- Gray v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1899
- Spencer v. VanceSupreme Court of Missouri · 1874
- Sloan v. . BairdNew York Court of Appeals · 1900
- Watson v. HarmonSupreme Court of Missouri · 1885
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3Cited by2 opinions
- State Rel. Stevenson v. American SuretyMissouri Court of Appeals · 1934
- Abrams v. SinnSupreme Court of Iowa · 1922