McDermott v. Doyle
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. The only question which is or can be raised upon the record in this cause, is, whether the bond sued upon be void by the reason of the alleged defect in the affidavit to hold to bail, in the original action against Samuel A Childs, and in which original action the said Samuel A. Childs was arrested and discharged from arrest upon the execution of the bond by him, together with the present defendant, John Doyle, as his security, and…
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ERROR to St. Louis Court of Common Pleas. The only question which is or can be raised upon the record in this cause, is, whether the bond sued upon be void by the reason of the alleged defect in the affidavit to hold to bail, in the original action against Samuel A Childs, and in which original action the said Samuel A. Childs was arrested and discharged from arrest upon the execution of the bond by him, together with the present defendant, John Doyle, as his security, and not whether he is discharged by the death of bis principal. The plaintiff' in error contends that the bond is not void…
1Opinion of the CourtMcBride, J.
This was an action of debt brought by McDermott in the Court of Common Pleas of St. Louis county, against John Doyle. The bond upon which the suit was instituted was given by Samuel A. Childs, and the defendant, Doyle, as his security, in an action of detinue brought by Mc-Dermott against Childs, in the Circuit Court of St. Louis county, and was conlitioned according to the second section of the act concerning the action of detinue. R. C., 1835, p. 224. In the action of detinue, McDermott recovered judgment against Childs, who failed to deliver the property sued for, and this action is on…
2Cited by2 opinions
- Henoch v. ChaneySupreme Court of Missouri · 1875
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895