Stewart ex rel. Stewart v. Todd
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas. — Hon. David H. Eby, Judge. The law is well settled, that sureties on an official bond are liable for damages done by their principal, in color of office. State ex rel. v. Edmunson, II Mo.
Read the full summary
Appeal from Louisiana Court of Common Pleas. — Hon. David H. Eby, Judge. The law is well settled, that sureties on an official bond are liable for damages done by their principal, in color of office. State ex rel. v. Edmunson, II Mo. App. 112; State ex rel. v. Ryland, 63 S. W. 819. (1) Sustaining a motion for a new trial because the verdict is against the evidence, is a matter resting in the sound discretion of the trial court, and not subject to review by the appellate court. McCullough v. Ins. Co., 113 Mo. 606; Chou-quette v. Southern Electric Co., 152 Mo. 251; Haven v. Railroad, 155 Mo.…
1Opinion of the CourtBarclay, J.
This is an action on the official bond of a constable. Defendants are the principal and the sureties on the bond.
The substance of relator’s charge is that the condition of the constable’s bond has been broken by wrongful acts on his part in obtaining possession of certain animals belonging to the relator and converting them to his own use under pretense of enforcing an execution upon a judgment against relator’s husband.
The answer of defendants set up several defenses which it will not be necessary to describe particularly.
A reply was filed by the plaintiff to the new matter in one of the…
2Cases cited7 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Lockwood v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1870
- Parker v. CassinghamSupreme Court of Missouri · 1895
- Thompson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Karnes v. WinnMissouri Court of Appeals · 1907
- Schermer v. McMahonMissouri Court of Appeals · 1904
- Byrd v. VanderburghMissouri Court of Appeals · 1912
- Raifeisen v. YoungMissouri Court of Appeals · 1914
- State v. MeagherMissouri Court of Appeals · 1907
3 more not listed; retrieve them via the Exa API.