State ex rel. Adams v. Finke
Missouri Court of Appeals
Appeal from the Pilte Circuit Court. — Hon. Reuben E. Roy, Judge. The bond dated November 24, 1890, was not conditioned in favor of the sheriff; therefore he could maintain no action on it. The second bond was taken after the issuing of the writ and the making of the levy without any authority of court, and is therefore void. 1 Am. and Eng. Encyclopedia of Law, p. 905; Stevenson v. Bobbins, 5 Mo. 18; Stambout v. Goldstein, 13 Mo. 24.
1Opinion of the CourtBiggs, J.
There is no controversy as to the facts in this-case. On the twenty-fourth day of November, 1890, the defendants Einke andNasse began an attachment suit in the circuit court of Audrain county against one W. J. Pike. They executed an attachment bond in the penal sum of $1,265.56 with their codefendants herein as sureties. The conditions of the bond were that, if Einke and Nasse should ‘ ‘prosecute the action without delay and with effect, refund all sums of money that may be adjudged to be refunded to the defendant, or found to have been received by the plaintiffs and not justly due to them,…
2Cases cited5 opinions
- Barnes ex rel. Hayes v. WebsterSupreme Court of Missouri · 1852
- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- Cunningham v. JacobsIndiana Supreme Court · 1889
- Williams v. ColemanSupreme Court of Missouri · 1872
- State ex rel. Jamison v. FinkMissouri Court of Appeals · 1894
3Cited by3 opinions
- People ex rel. Hubbard & Moffitt Commission Co. v. CochraneSupreme Court of Missouri · 1915
- Huttig-McDermid Pearl Button Co. v. Springfield Shirt Co.Missouri Court of Appeals · 1910
- Nations v. BeardMissouri Court of Appeals · 1924