Legal Opinion

Miller v. Gillespie

Supreme Court of Missouri

Decided February 15, 1875PublishedCited by 4 opinions

Error to the Clay Circuit Court. I. No contribution can arise save where there is mutual and equal obligation- Gillespie and Miller were not jointly hound to pay the judgment wherein they were defendants, (Wagn. Stat. [Ed. 1872], 71, §3; Pickering vs. Mississippi Yal. Nat. Tel. Co,, 47 Mo., 457; Langford vs. .Sanger, 40 Mo., 160; House vs. Powell, 45 Mo., 381; Syme vs. Str. Indiana, 28 Mo., 335; Preem.

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Error to the Clay Circuit Court. I. No contribution can arise save where there is mutual and equal obligation- Gillespie and Miller were not jointly hound to pay the judgment wherein they were defendants, (Wagn. Stat. [Ed. 1872], 71, §3; Pickering vs. Mississippi Yal. Nat. Tel. Co,, 47 Mo., 457; Langford vs. .Sanger, 40 Mo., 160; House vs. Powell, 45 Mo., 381; Syme vs. Str. Indiana, 28 Mo., 335; Preem. Judg., 89, § 120; Jones vs. Puller, 38 Mo. 363; Biddle vs. Boyce, 13 Mo., 532; 1 Par. Gout., 31, §S [Ed. 1864,] eiseq.\ Labeaume vs. Sweeney, 17 Mo., 153.) II. In the case of the State ex rel.…

1Opinion of the CourtNapton, Judge

This suit is by a surety on an administration bond to recover of a co-surety one-lialf of the money the plaintiff paid-on a judgment against the administrator and himself as surety. .

The defense is that in a suit against the administrator, and the plaintiff and defendant who were his sureties, the defendant pleaded bankruptcy, and his plea was adjudged good and he was therefore discharged from all liability to the plaintiff in that action ; and this judgment is relied on as res adjudícala in the present action.

On the trial, the proof was clear that the plaintiff paid the debt of the…

2Cases cited2 opinions

  1. Jones & Cullom v. KnoxSupreme Court of Alabama · 1871
  2. Halliburton v. CarterSupreme Court of Missouri · 1874

3Cited by4 opinions

  1. Henthorn v. TiddSupreme Court of Oklahoma · 1916
  2. Siegel v. FishAppellate Court of Illinois · 1906
  3. Fiene v. KirchoffSupreme Court of Missouri · 1903
  4. Hoyt v. GreeneMissouri Court of Appeals · 1888

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