Hill v. Keller
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Eon. B. G. Thurman, Judge. (1) The defendants, Keller and Fetters, having given an appeal bond with T. E. Stacey and Harrison Keller as sureties conditioned that they should prosecute their appeal with due diligence to a decision, and thereafter the appeal having been dismissed this was a breach of the bond and rendered the sureties liable. Campbell v. Harrington, 93 Mo.
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Appeal from Barton Circuit Court. — Eon. B. G. Thurman, Judge. (1) The defendants, Keller and Fetters, having given an appeal bond with T. E. Stacey and Harrison Keller as sureties conditioned that they should prosecute their appeal with due diligence to a decision, and thereafter the appeal having been dismissed this was a breach of the bond and rendered the sureties liable. Campbell v. Harrington, 93 Mo. App. 315; Klein v. Boyd, 48 N. E. 475., (2) The appeal having been dismissed a right of action upon the bond accrued to plaintiff at the time of the dismissal and the suing out of a writ of…
1Opinion of the CourtNixon, P. J.
— This was an action on an appeal bond, given in a case pending in Jasper county, on appeal thereof to the Kansas City Court of Appeals. The original case, in which the bond was given, finally *713readied and was decided by this court, and certified to the Supreme Court. [133 S. W. 1180.] The'facts are that during the April term, 1909, of the circuit court of Jasper county, on trial Summers recovered judgment in the court against S. A. Keller and James Fetters (two of the defendants herein). An appeal was allowed these defendants to the Kansas City Court of Appeals, and in due time they filed and…
2Cases cited12 opinions
- Bauer v. CabanneSupreme Court of Missouri · 1891
- Summers v. KellerMissouri Court of Appeals · 1911
- Schuster v. WeissSupreme Court of Missouri · 1893
- Brill v. MeekSupreme Court of Missouri · 1855
- Campbell v. HarringtonMissouri Court of Appeals · 1902
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3Cited by4 opinions
- Arkansas Valley Trust Co. v. CorbinMissouri Court of Appeals · 1915
- Tackett v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1923
- Maryland Casualty Co. v. Lucky Budge Mining Co.Missouri Court of Appeals · 1916
- Samuelson v. TribuneWyoming Supreme Court · 1931