Finney v. State ex rel. Estiss
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. POINTS AND AUTHORITIES. In behalf of the appellant, the following propositions are advanced: 1. The demurrer of the defendant, to the replication to the first plea, ought to have been sustained; the replication (infancy) was had; the plea (limitation) was good. But if the plea were ill, still the declaration was bad. 2. The demurrer of the plaintiff to the 3d and 4th pleas of the defendant, ought to have been overruled.
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APPEAL from St. Louis Circuit Court. POINTS AND AUTHORITIES. In behalf of the appellant, the following propositions are advanced: 1. The demurrer of the defendant, to the replication to the first plea, ought to have been sustained; the replication (infancy) was had; the plea (limitation) was good. But if the plea were ill, still the declaration was bad. 2. The demurrer of the plaintiff to the 3d and 4th pleas of the defendant, ought to have been overruled. Each one of said pleas was good, and if not, the declaration was bad. 3. The instruction moved, on the part of the defendant, and refused…
1Opinion of the CourtNapton, J.
This was an action of debt upon a bond given by Joseph Edmondson, as guardian of Edward T. Estiss, with John PI. Gay and Alexander McCalister, as securities, conditioned that the said Edmondson would well, and truly, and faithfully discharge the duties of his office, as guardian, according to law. The suit was instituted against the appellant, Finney, the administrator of McCalister, one of the sureties. The breach assigned is, that after the execution of said bond, to-wit: on *227the 15th June, 1840, the said guardianship of the said Joseph Edmond-son, was revoked by the county court of St.…
2Cases cited1 opinion
- Miller v. WoodwardSupreme Court of Missouri · 1843
3Cited by15 opinions
- Macdonald v. FraterWashington Supreme Court · 1902
- State ex rel. Patterson v. TittmannSupreme Court of Missouri · 1896
- Ranney v. ThomasSupreme Court of Missouri · 1869
- Tenny's Adminstrator v. Lasley's AdministratorsSupreme Court of Missouri · 1883
- Payson v. HadduckDistrict Court, N.D. Illinois · 1878
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