State ex rel. Bell v. Nolan
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. Plaintipp brought this action to recover for an alleged breach of the official bond of the former public administrator while in charge of the same estate. Defendants are the principal in that bond and his sureties. The defendant principal entered his appearance but made no defense.
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Appeal from Jaclcson Circuit Court. Plaintipp brought this action to recover for an alleged breach of the official bond of the former public administrator while in charge of the same estate. Defendants are the principal in that bond and his sureties. The defendant principal entered his appearance but made no defense. The sureties filed answers to the effect that, prior to the alleged breach, they had been released from subsequent liability as sureties by proceedings under chapter 66, Revised Statutes, 1879 (section 28 and following). The answers state the particular steps taken in that behalf…
1Opinion of the CourtBarclay, J.
The defense of the sureties on the original bond of the public administrator is, in substance, that one of them in November, 1881, filed in the probate court of Jackson county his petition (duly verified) for discharge from further liability because of his removal from the county; that, after “due notice, as required by law” to the administrator, the application, was heard and resulted in an order of that court granting the application and requiring the administrator to file a new bond on or before February 7, 1882. Before that date the new bond was approved and filed in compliance with the…
2Cases cited2 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- State ex rel. Lewis v. WolffMissouri Court of Appeals · 1881
3Cited by5 opinions
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- Stockslager v. United StatesCourt of Appeals for the Ninth Circuit · 1902
- Magee v. Big Bend Land Co.Washington Supreme Court · 1909
- Carter v. CarterSupreme Court of Missouri · 1911
- Stark Bros. Nurseries & Orchards v. MayhewMissouri Court of Appeals · 1911