State ex rel. Callaway County v. Henderson
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. John A, Hockaday, Judge. Respondent relies on State ex rel. v. Dent, 121 Mo. 162, a case that was decided by the Supreme Court after this suit was commenced.
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Appeal from Callaway Circuit Court. — Hon. John A, Hockaday, Judge. Respondent relies on State ex rel. v. Dent, 121 Mo. 162, a case that was decided by the Supreme Court after this suit was commenced. In that case the court held that it ’ was condition precedent to Dent’s being in default that the county court should have had a settlement with him and at that settlement made an order requiring him to pay over the excess, and unless he complied with the order in specified time the court should have ordered suit brought on the bond. In Dent’s case it seems that the county court had all the…
1Opinion of the CourtBurgess, J.
Defendant Henderson was clerk of, the county court of Callaway county for two successive terms, to wit, from January, 1883, to January, 1891, and this is an action against him and his sureties on his official bond for the second term, approved Decern*601ber 6, 1886, for breaches of the bond alleged to have been committed during that time. Defendants interposed a demurrer to the petition which was sustained. Plaintiff then took a nonsuit with leave to move to set the same aside. Plaintiff then filed its motion to set aside the judgment of nonsuit which was overruled and it saved its exceptions and…
2Cases cited2 opinions
- Callaway County v. HendersonSupreme Court of Missouri · 1897
- State ex rel. Hickory County v. DentSupreme Court of Missouri · 1894
3Cited by4 opinions
- State ex rel. Jackson County v. ChickSupreme Court of Missouri · 1898
- School District No. 45 v. CorrellMissouri Court of Appeals · 1926
- State ex rel. Christian County v. GideonSupreme Court of Missouri · 1900
- State Ex Rel. Livingston County v. HuntSupreme Court of Missouri · 1941