State ex rel. Yeoman v. Hoshaw
Supreme Court of Missouri
Appeal from Lawrence Circuit Court.&emdash;Hon. M. Gf. McGbeg-ok, Judge. (1) The court erred in sustaining the demurrers and in overruling the motions for a new trial. 2 Blackstone, 243 ; 1 Chitty’s Pleading,' 52; Barber v. Hod, 1 Saunders, 136 ; Walker v. EUis, 2 Munford, 88; Bufner v. McConnell, 14 111. 169 ; Baker v. Hunt, 40 111. 264; Morse v. Aldrich, 19 Pickering, 452 ; Hall v. Martin, 46. N. H. 337; Metcalf v. Smith, 40 Mo. 576. (2) The common law liability of the…
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Appeal from Lawrence Circuit Court.&emdash;Hon. M. Gf. McGbeg-ok, Judge. (1) The court erred in sustaining the demurrers and in overruling the motions for a new trial. 2 Blackstone, 243 ; 1 Chitty’s Pleading,' 52; Barber v. Hod, 1 Saunders, 136 ; Walker v. EUis, 2 Munford, 88; Bufner v. McConnell, 14 111. 169 ; Baker v. Hunt, 40 111. 264; Morse v. Aldrich, 19 Pickering, 452 ; Hall v. Martin, 46. N. H. 337; Metcalf v. Smith, 40 Mo. 576. (2) The common law liability of the heir is recognized by the statute of our state. R. S., 1879, secs. 659, 660, 3944. The petition shows a demand which comes…
1Opinion of the CourtBlack, J.
— A demurrer was sustained to the petition in this case, judgment was entered thereon and plaintiff appealed. The facts disclosed by the petition are that W. H. Younger was, by the county court of Lawrence county, appointed guardian and curator of John, Ephraim and Margaret Woodrow. He gave bond conditional for the faithful performance of his duties with Oswald Hoshaw as' one of his sureties. The bond was approved in February, 1854. Oswald Hoshaw, the surety, died and his estate was finally settled in the probate court before the wards arrived at the age of majority. The defendant is an heir…
2Cases cited3 opinions
- Johnson v. Smith's AdministratorSupreme Court of Missouri · 1859
- State ex rel. Coleman v. WilliSupreme Court of Missouri · 1870
- State ex rel. Whaley v. BlackwellSupreme Court of Missouri · 1854
3Cited by7 opinions
- State ex rel. Yeoman v. HoshawSupreme Court of Missouri · 1889
- Foote v. ClarkSupreme Court of Missouri · 1890
- Irvine v. LeyhSupreme Court of Missouri · 1890
- State ex rel. Dunklin County v. BlakemoreSupreme Court of Missouri · 1918
- Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
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