Kysar & Downs v. Growney
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — Hon. Alonzo D. Btimes, Acting Judge. (1) The petition does not state a cause of action in favor of plaintiffs and against defendants. Although the petition does allege that the bond for cost in question was filed “to secure plaintiffs as defendants in said suit for all costs that had accrued or might accrue in said cause and which should be adjudged against plaintiff.
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Appeal from Nodaway Circuit Court. — Hon. Alonzo D. Btimes, Acting Judge. (1) The petition does not state a cause of action in favor of plaintiffs and against defendants. Although the petition does allege that the bond for cost in question was filed “to secure plaintiffs as defendants in said suit for all costs that had accrued or might accrue in said cause and which should be adjudged against plaintiff. The unsuccessful party may have paid his costs step by step as was the common law rule, and if not he is liable to the beneficiaries of the cost and the other party has no interest, right or…
1Opinion of the CourtBroaddus, P. J.
This is a suit on' a bond for costs. The petition recites that on the 9th day of October, 1901, one George W. Stump began a suit in the Nodaway Circuit Court against the plaintiffs herein as defendants; that, afterwards, he was required to give a bond for security of costs in the case; that he gave such bond with the defendants herein as his sureties, wherein they undertook to secure plaintiffs herein, as such defendants, in said suit for all costs that had accrued or might accrue in said cause and which might be adjudged against plaintiff therein. The petition further recites that the cause,…
2Cases cited3 opinions
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Schawacker v. McLaughlinSupreme Court of Missouri · 1897
- Cranor v. School DistrictMissouri Court of Appeals · 1897