Nolan v. Johns
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. C. W.. Sloan, Judge. (1) The appellants, sureties upon the injunction bond of Nolan, have the right to prosecute an appeal from the judgment against him for the damages occasioned by the injunction.
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Appeal from Johnson Circuit Court. — Hon. C. W.. Sloan, Judge. (1) The appellants, sureties upon the injunction bond of Nolan, have the right to prosecute an appeal from the judgment against him for the damages occasioned by the injunction. R. S. 1879, sec. 3710 ; Freeman on Judgments, sec. 180 ; Towle v. Towle, 46 N. H. 432; Oelrichs v. Spain, 15 Wall. 211; McAllister v. C lark, 86 111. 236; Haniford v. City, 103 Mo. 180. (2) The judgment against Nolan was a nullity; he was not only not public administrator at the time, but had been specifically removed. George v. Middough, 62 Mo. 549. (3)…
1Opinion of the CourtMacfarlane, J.
This suit was commenced in LaFayette county in February, 1884, by George N. Nolan, public administrator of Jackson county, in charge of the estate of I. H. Reed, deceased, to restrain the defendant, O. A. Jones, and others from selling certain personal property under mortgage. Plaintiff; as such administrator gave bond, with D. C. Mastin, J. H. Lipscomb, J. M. Fox and Frank Jones as sureties.
This bond was for $5,000, and was conditioned that, “if plaintiff shall abide the decision which shall be made thereon, and pay all sums of money, damages and costs that shall be adjudged against him if…
2Cases cited5 opinions
- Methodist Churches of New York v. . BarkerNew York Court of Appeals · 1858
- Smiley v. CockrellSupreme Court of Missouri · 1887
- Seibel v. SimeonSupreme Court of Missouri · 1876
- McAllister v. ClarkIllinois Supreme Court · 1877
- St. Louis Zinc Co. v. HesselmeyerSupreme Court of Missouri · 1872
3Cited by23 opinions
- Doe Run Lead Co. v. MaynardSupreme Court of Missouri · 1920
- Listerman v. Day and Night Plumbing & Heating Serv.Missouri Court of Appeals · 1964
- State Ex Rel. Goodloe v. WurdemanSupreme Court of Missouri · 1920
- State ex rel. Connors v. SheltonSupreme Court of Missouri · 1911
- Switzer v. SwitzerSupreme Court of Missouri · 1906
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