Legal Opinion

Cranor v. Reardon

Missouri Court of Appeals

Decided February 17, 1890PublishedCited by 7 opinions

Appeal from the Gentry Circuit Court. — Hon. C. II: S. Goodman, Judge. (1) Defendants’ demurrer to plaintiff-’s testimony, page 19, should have been given. Unless there was a breach of the bond, plaintiff was not entitled to recover.

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Appeal from the Gentry Circuit Court. — Hon. C. II: S. Goodman, Judge. (1) Defendants’ demurrer to plaintiff-’s testimony, page 19, should have been given. Unless there was a breach of the bond, plaintiff was not entitled to recover. The very condition in the bond which plaintiff claims was broken by the defendants was that they would abide the decision of the supreme court of Missouri, and pay any judgment that said court might award against the principal in the appeal bond, or pay such judgment as the supreme court might direct the Gentry county circuit court to give. It is quite plain, by…

1Opinion of the CourtEllison, J.

On March 20, 1882, plaintiff obtained a judgment in the circuit court of Gentry county against a school district. Said school district duly appealed from the judgment and entered into an appeal bond *309witlx defendants in this case as its sureties. The condition of this bond was that the school district should prosecute its appeal with due diligence and with effect to the supreme court of Missouri, and would perform such judgment .as should be given by the supreme court, or such as the supreme court might direct the circuit court to give.

After this appeal was taken and after this bond was…

2Cited by7 opinions

  1. Mexican National Railway Co. v. MussetteTexas Supreme Court · 1894
  2. Zellars v. National Surety Co.Supreme Court of Missouri · 1908
  3. Deatherage v. SheidleyMissouri Court of Appeals · 1892
  4. Moore v. Title Guaranty & Trust Co.Missouri Court of Appeals · 1910
  5. Hill v. KellerMissouri Court of Appeals · 1911

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