Shanklin ex rel. Wetzler v. Francis
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. Paris C. Stepp, Judge. (1) The former suit between these same parties in which the exact delinquency and default were assigned as a breach of the conditions of constable Francis’ bond and which judgment was had for the defendant,' as here, was a complete bar to the shit. E S. 1889, sec. 879; Bicltey v. Helm, 48 Mo. App. 114; Mason v. Summer, 24 Mo. App. 174; Ins.
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Appeal from the Grundy Circuit Court. — Hon. Paris C. Stepp, Judge. (1) The former suit between these same parties in which the exact delinquency and default were assigned as a breach of the conditions of constable Francis’ bond and which judgment was had for the defendant,' as here, was a complete bar to the shit. E S. 1889, sec. 879; Bicltey v. Helm, 48 Mo. App. 114; Mason v. Summer, 24 Mo. App. 174; Ins. Go. v. Smith; 117 Mo. 261, 266, 267. (2) The officer had the lawful right to pursue the directions of relator Wetzler, and if'in pursuing the direction of relator loss accrued, the relator…
1Opinion of the CourtSmith, P. J.
This is an action on the constable’s bond of the defendant Francis and his sureties thereon, *461who are the other defendants. By reference to 59 Mo. App. 178, it will be seen that a similar action by. the relator against defendants has been heretofore brought on said constable’s bond. In the former action it appears the petition was held on demurrer to state no cause of action, for the reason that it did not show the relator had recovered judgment against defendant in the attachment suit before the justice. It appears from the record in the present case that after the judgment of the circuit…
2Cases cited17 opinions
- State v. SearcyMissouri Court of Appeals · 1890
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Leonard v. SparksSupreme Court of Missouri · 1893
- Nofsinger v. HartnettSupreme Court of Missouri · 1884
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3Cited by10 opinions
- State Ex Rel. Mather v. CarnesMissouri Court of Appeals · 1977
- Sutton v. ColeSupreme Court of Missouri · 1900
- Hammond v. DarlingtonMissouri Court of Appeals · 1904
- Hopke v. LindsayMissouri Court of Appeals · 1900
- Julian v. Commercial Assurance Co.Missouri Court of Appeals · 1926
5 more not listed; retrieve them via the Exa API.