Montgomery County v. Auchley
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The judgment is against the law and evidence. It was essential that the plaintiff aver and prove that Auchley signed the note in pursuance of an order of the county court requiring the principal to give additional security.' Stone v. White, 8 Gray, 589; Montgomery Co. v. Auohley, 92 Mo. 126. ( 2) The nuno pro tuno order was not based on competent or sufficient evidence.
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The judgment is against the law and evidence. It was essential that the plaintiff aver and prove that Auchley signed the note in pursuance of an order of the county court requiring the principal to give additional security.' Stone v. White, 8 Gray, 589; Montgomery Co. v. Auohley, 92 Mo. 126. ( 2) The nuno pro tuno order was not based on competent or sufficient evidence. Billcen v. Rhodes, 76 Mo,, 643; Fletcher v. Combs, 58 Mo. 430. That the judgment was made or Intended to be made by the court must appear either from the…
1Opinion of the CourtThomas, J.
This action was commenced in 1883, on a school bond for $330, against Francis Auchley, Martin Hildebrand and Gustave Bachman. Hildebrand was not served, and the writ was dismissed as to him. Bachman did not answer, and judgment by default was rendered against him; Auchley died in 1886, and his executor was made defendant, and he alone prosecutes this appeal.
It appears from the record that Martin Hildebrand borrowed $330 belonging to the school funds of Montgomery county, and on the twenty-fifth day of November, 1868, executed his bond for the same with Gustave Bachman and Christian Gliser as…
2Cases cited25 opinions
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Bales v. PerrySupreme Court of Missouri · 1873
- Acton v. DooleySupreme Court of Missouri · 1881
- Garnhart v. FinneySupreme Court of Missouri · 1867
- Leabo v. GoodeSupreme Court of Missouri · 1877
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3Cited by11 opinions
- Black v. Industrial CommissionArizona Supreme Court · 1957
- Eagleton v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1938
- Saline County v. ThorpSupreme Court of Missouri · 1935
- Riverside Lumber Co. v. SchaferSupreme Court of Missouri · 1913
- State Ex Rel. Consolidated School District No. 42 v. PowellSupreme Court of Missouri · 1949
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