Walter v. McSherry
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. For a statement of the facts, see the preceding case of Walter v. Tabor. The present suit was brought upon the original certiorari bond therein referred to. There was a judgment for the plaintiff below.
1Opinion of the CourtLeonard, Judge
The difference between this case and that of Walter v. Tabor, is, that there, the recognizance sued upon was the new one entered into in the court below, upon an order of that court requiring a further recognizance with sufficient security to be given “ in addition to” the recognizance already taken ; and that here, the suit is upon the original recognizance. We think it was competent for the court to take *77an additional recognizance, without superseding the old one, (R. C. 1845, tit. Forcible Entry and Detainer, art. 2, sec. 28,) and having expressly done so, the transaction ought to take…
2Cited by3 opinions
- Glassman Construction Co. v. Baltimore Brick Co.Court of Appeals of Maryland · 1967
- Lucas v. FallonMissouri Court of Appeals · 1890
- Kellogg v. LingerMissouri Court of Appeals · 1895