State ex rel. Drach v. Cheaney
Missouri Court of Appeals
Appeal from the Henry Circuit Court. — Hon. James H. Lay, Judge. The act of the general assembly (Session Acts, 1885, page 28) enlarged the powers, duties and obligations of Thomas A. Cheaney as public administrator of Henry county; and said act being passed subsequent to the execution of the bond herein sued on these sureties become released. State ex rel. 'v. Roberts, 68 Mo. 234; McCwdy v. Broivn & Gibson, 8 Mo. 551; Blair v. Ins.
Read the full summary
Appeal from the Henry Circuit Court. — Hon. James H. Lay, Judge. The act of the general assembly (Session Acts, 1885, page 28) enlarged the powers, duties and obligations of Thomas A. Cheaney as public administrator of Henry county; and said act being passed subsequent to the execution of the bond herein sued on these sureties become released. State ex rel. 'v. Roberts, 68 Mo. 234; McCwdy v. Broivn & Gibson, 8 Mo. 551; Blair v. Ins. Co., 10 Mo. 566; Brown, v. Sneed, 77 Tex. 471; Mmnford v. Railroad, 2 B. J. Lea (Tenn.) 393; Sage v. Strong, 40 Wis. 575; City of Harrisonville v. Porter, 76 Mo.…
1Opinion of the CourtGill, J.
— In January, 1885, defendant Cheaney qualified as public administrator of Henry county — an office to which he was chosen at the preceding fall *260election. The other defendants were sureties on his official bond. The plaintiff Drach succeeded Cheaney as public administrator in January, 1889. This suit was brought on Cheaney’s official bond to recover a sum of money for which he failed to account in the administration of the estate of a deceased person, and which he had charge of during his term of office. The sureties defend on the alleged ground that the legislature in 1885, and after the…
2Cases cited4 opinions
- Gaussen v. United StatesSupreme Court of the United States · 1878
- Board of Supervisors of Monroe Co. v. . ClarkNew York Court of Appeals · 1883
- Mayor, Etc., of City of N.Y. v. . KellyNew York Court of Appeals · 1885
- Home Savings Bank v. TraubeSupreme Court of Missouri · 1881
3Cited by1 opinion
- State ex rel. Zimmerman v. SchaperMissouri Court of Appeals · 1911