Belkin v. Hill
Supreme Court of Missouri
Error to St. Francois Circuit Court. I. The taking of the indemnity bond by the officer released -him from all liability to an action by the claimant who gave notice of his claim. (W. S., 607, § 28; 608, § 29; Stewart vs. Thomas, 45 Mo., 42; Stewart vs. Ball’s Admr., 35 Mo., 209 ; State vs. Leutzinger, 41 Mo., 498 ; State vs.' Doane, 39 Mo., 44; Bradley vs. Holloway, 28 Mo., 150 ; St. Louis, A. & O. R..R.
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Error to St. Francois Circuit Court. I. The taking of the indemnity bond by the officer released -him from all liability to an action by the claimant who gave notice of his claim. (W. S., 607, § 28; 608, § 29; Stewart vs. Thomas, 45 Mo., 42; Stewart vs. Ball’s Admr., 35 Mo., 209 ; State vs. Leutzinger, 41 Mo., 498 ; State vs.' Doane, 39 Mo., 44; Bradley vs. Holloway, 28 Mo., 150 ; St. Louis, A. & O. R..R. Co. vs. Castello, 28 Mo., 379; State vs. Watson, 30 Mo., 122.) The word “may” in section 29 (W. S., 608), beyond question, has an imperative force; imports an exclusive idea and creates an…
1Opinion of the CourtNapton, Judge
This action is replevin to use the name by which it was known before the adoption of our practice act, or a suit for the delivery of personal property, as it is termed in the 6th article of this act. It was originally brought in Madison county and was against the sheriff and his deputy, and, before its removal to St. Francois county, the Mine LaMotte *494Lead Company was, on its application, made a defendant, and afterwards on the application of said defendants, and the affidavit, required in such cases, by the Company or its Secretary, it was removed to and tried in St. Francois county.
The…
2Cited by7 opinions
- Heaps v. JonesMissouri Court of Appeals · 1886
- State ex rel. Mastin v. McBrideSupreme Court of Missouri · 1884
- Shreeder v. DavisWashington Supreme Court · 1906
- Wollman v. LoewenMissouri Court of Appeals · 1904
- State ex rel. Winship v. ClarkSupreme Court of Missouri · 1874
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