Harrington's Administrator v. Crawford
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John A. Harrison, Judge. The bond sued upon was void as being without any consideration or upon a consideration which was against the law. A sheriff may take a bond to keep himself harmless in doing that which he ought to do, but if he takes a bond to keep himself harmless in doing that which he ought not to do, the bond is void and against the law. Blockett-v. Crissop, 1 Ld.
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Appeal from the St. Louis City Circuit Court. — Hon. John A. Harrison, Judge. The bond sued upon was void as being without any consideration or upon a consideration which was against the law. A sheriff may take a bond to keep himself harmless in doing that which he ought to do, but if he takes a bond to keep himself harmless in doing that which he ought not to do, the bond is void and against the law. Blockett-v. Crissop, 1 Ld. Ray. 278; Murfree on Sheriffs [Ed. 1890], sec. 635a; Cole v. Parker, 7 Iowa, 167; Cass Co. v. Beck, 76 Iowa, 487; Hodson v. Wilkins, 7 Maine, 113; Denson v. Sledge, 2…
1Opinion of the CourtRombauer, P. J.
In January, 1885, the circuit court of the city of St. Louis, which had full jurisdiction of the parties and subject-matter, ordered a writ of restitution to issue to Henry E. Harrington, the then sheriff of the city. The writ commanded said Harrington to oust August Zelle, Michael Kinealy and Sarah Watson, from certain premises, and to deliver the possession thereof to the plaintiff in the action. The sheriff found one Mamie Williams in possession, and, having reason to believe that she did not come into possession under either of the defendants, but claimed under a paramount title, he made…
2Cases cited12 opinions
- Kick v. MerrySupreme Court of Missouri · 1856
- Griffin v. . HastySupreme Court of North Carolina · 1886
- Thornton v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1890
- Cole v. ParkerSupreme Court of Iowa · 1858
- Long v. NevilleCalifornia Supreme Court · 1868
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3Cited by5 opinions
- Davis v. GannMissouri Court of Appeals · 1895
- Harrington's Administrator v. CrawfordSupreme Court of Missouri · 1896
- Ball v. Royal InsuranceMissouri Court of Appeals · 1908
- Good ex rel. McBrien v. SleethMissouri Court of Appeals · 1913
- Ray v. McDevittMichigan Supreme Court · 1901