Hickory County v. Fugate
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — Hon. Argus Cox, Judge. (1) The breaches are all properly assigned. State to use v. Bartlett, 68 Mo. 581; Stillwell v. Hamm, 97 Mo. 579; Brisker v. Stone, 47 Mo. App. 534; Outtridge v. Vanatte, 27 Ohio St. 336. „ (2) Even if there was ■but one breach properly assigned, the demurrer would have to be overruled.
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Appeal from Hickory Circuit Court. — Hon. Argus Cox, Judge. (1) The breaches are all properly assigned. State to use v. Bartlett, 68 Mo. 581; Stillwell v. Hamm, 97 Mo. 579; Brisker v. Stone, 47 Mo. App. 534; Outtridge v. Vanatte, 27 Ohio St. 336. „ (2) Even if there was ■but one breach properly assigned, the demurrer would have to be overruled. (3) If, as contended by respondents, that each breach constitutes a count, yet the action of the trial court would have to be reversed, as the demurrer under such circumstances could only be sustained as to the bad count, and would have to be special.…
1Opinion of the CourtBrace, P. J.
This is an appeal from a judgment of the circuit court of Hickory county sustaining a demurrer to the petition in an action by the plaintiff against the defendant R. N. Fugate and his .sureties on *74the bond of said Fugate, given as treasurer of said county, conditioned in the penal sum of $20,000, that the said Fugate “shall faithfully perform the duties of said office according to law.”
The amended petition to which the demurrer was sustained, after alleging the election of said Fugate on the sixth of November, 1894, his qualification as treasurer, and the execution and delivery of said bond…
2Cases cited3 opinions
- Stillwell v. HammSupreme Court of Missouri · 1888
- Pomeroy v. FullertonSupreme Court of Missouri · 1893
- Allnutt v. LeperSupreme Court of Missouri · 1871
3Cited by9 opinions
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Butts v. LongMissouri Court of Appeals · 1902
- Reed Bros. v. NicholsonSupreme Court of Missouri · 1900
- Hanks v. HanksSupreme Court of Missouri · 1909
- National Union Fire Insurance v. NevilsMissouri Court of Appeals · 1925
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