Bank of Monett v. Moulder
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. G-. McG-begob, Judge. (1) The appellants contend that the court erred in rendering judgment on the instrument sued on, for the reason that it was not approved as required by law; that it lacked that element of legal validity; that unless so approved it is void; that it had no common-law origin — purely a creature of the statute — and must conform to its requirements.
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Appeal from the Jasper Circuit Court. — Hon. M. G-. McG-begob, Judge. (1) The appellants contend that the court erred in rendering judgment on the instrument sued on, for the reason that it was not approved as required by law; that it lacked that element of legal validity; that unless so approved it is void; that it had no common-law origin — purely a creature of the statute — and must conform to its requirements. The statute prescribes who may take, and how, and when it may be taken, as well as its terms and conditions. The statute uses the terms bond and recognizance interchangeably. It is…
1Opinion of the CourtGill, J.
— This is a suit on an appeal bond alleged to have been given in the case of the above-named plaintiff against defendant Moulder, in which there was a judgment against Moulder in the circuit court, appeal to the St. Louis Court of Appeals, judgment there affirmed; and this is an action on said appeal bond subsequently brought against Moulder and his sureties. *538The bond was made and presented to tbe circuit clerk for his approval in vacation; and tbe defense was that, said clerk never approved tbe bond, and hence it was-invalid. On tbe trial in tbe court below plaintiff bad judgment in its…
2Cases cited2 opinions
- Cockrill v. OwenSupreme Court of Missouri · 1847
- Julian v. RogersSupreme Court of Missouri · 1885
3Cited by1 opinion
- State ex rel. Bamberge v. GravesMissouri Court of Appeals · 1910