Saline County v. Sappington
Supreme Court of Missouri
Error to Saline Circuit Court. State ex ret. vs. Frank’s Adm’rs, 51 Mo. 98 ; Wiser vs.' Blackly, 1 Johns. Ch. 607 ; Young vs. Coleman & Cason, 43 Mo. 179 ; Melching vs. Philips & Paul, 49 Mo. 315 ; United States vs. Linn, 15 Pet. 290. Meyers'vs. Field, 37 Mo. 439 ; Peyton vs. Ross, 41 Mo. 257 ; 2 Mo. 141; 8 Mo. 218-414.)
1Opinion of the CourtSherwood, Judge
Action on an instrument executed by Sappington, as treasurer of Saline county, and by the other defendants as his sureties. The instrument was, not a bond in consequence of lacking the word “ seals ” in the body thereof.
Breaches were set out, reformation of the instrument so as to .make it a specialty, and judgment for the penalty and execution, etc., were asked for. The defendants successfully demurred. There was no insufficiency in the petition. A mere prayer for relief is hot demurrable. The instrument sued on was well enough without a seal; was good as a common law contract, made on…
2Cases cited2 opinions
- Henoch v. ChaneySupreme Court of Missouri · 1875
- McClurg v. PhillipsSupreme Court of Missouri · 1872
3Cited by6 opinions
- Liese v. MeyerSupreme Court of Missouri · 1898
- Kerr v. SimmonsSupreme Court of Missouri · 1884
- McCarty v. O'BryanSupreme Court of Missouri · 1897
- Page v. Joplin National Bank & Trust Co.Supreme Court of Missouri · 1953
- Darrow v. PeopleSupreme Court of Colorado · 1920
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