State v. Peyton
Missouri Court of Appeals
Appeal from Cass Circuit Court. — Hon. D. C. Babnett, Special Judge. The case is stated in the opinion. (1) Neither the principal in the bond nor the sureties being in court, when forfeiture of the bond was taken, the entry of forfeiture thereof, nor the recitals therein, were competent evidence against the sureties; and the court erred in admitting the same in evidence against these defendants. Funkhouser n. Howe, 24 Mo. 48 ; Pomeroy r.
Read the full summary
Appeal from Cass Circuit Court. — Hon. D. C. Babnett, Special Judge. The case is stated in the opinion. (1) Neither the principal in the bond nor the sureties being in court, when forfeiture of the bond was taken, the entry of forfeiture thereof, nor the recitals therein, were competent evidence against the sureties; and the court erred in admitting the same in evidence against these defendants. Funkhouser n. Howe, 24 Mo. 48 ; Pomeroy r. Betts, 31 Mo. 419 ; George v. Mid-dough, 62 Mo. 549, 551; State ex rel. t>. Adams, 44 Mo. 572, 589 ; Roach v. Burnes, 33 Mr. 319 ; In re Bomino's Estate, 83…
1Opinion of the CourtRamsay, J.
— The record in this case discloses the following facts : That James O. Peyton on the twenty - sixth day of March, 1887, during the March term of the Cass county circuit court, was indicted for the crime of burglary and larceny, by the grand jury empaneled at said term. The indictment was regularly found, returned and filed, and the defendant Peyton, at the time being under arrest and in custody of the sheriff of' the county, on the eleventh day of April, with his co-defendants E. N. Peyton,. John Peyton, John S. Johnson and E. W. Shaler, as his securities, entered into a recognizance as…
2Cases cited5 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- State v. HeedSupreme Court of Missouri · 1876
- Minor v. StateIndiana Supreme Court · 1823
- State v. WoernerSupreme Court of Missouri · 1862
- State ex rel. Brown v. LewisIndiana Supreme Court · 1835
3Cited by11 opinions
- State v. HillNebraska Supreme Court · 1896
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
- State Ex Rel. Green v. JamesSupreme Court of Missouri · 1946
- Brown v. MelloonSupreme Court of Iowa · 1915
- People v. AlmashyMichigan Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.