Good ex rel. McBrien v. Sleeth
Missouri Court of Appeals
Appeal from St. Francois Circuit Court.—Hon. Peter H. Huele, Judge. The bond sued on is an indemnifying bond, is so denominated by the statute and the decisions of the courts of this State. Sec. 7551, supra'; Smith to use v. White, 48 Mo. App. 404; State ex rel. v. Slavback, 90 Mo.
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Appeal from St. Francois Circuit Court.—Hon. Peter H. Huele, Judge. The bond sued on is an indemnifying bond, is so denominated by the statute and the decisions of the courts of this State. Sec. 7551, supra'; Smith to use v. White, 48 Mo. App. 404; State ex rel. v. Slavback, 90 Mo. App. 300. And being so, and the statute providing that the suit can be brought direct by claimant only in cases where property is seized and sold, plaintiff ought not to be permitted to avail herself of the benefit of this statute on a state of facts wholly at variance with it. ' Answering point made by respondent…
1Opinion of the CourtAllen, J.
This is an action on an indemnifying bond given by appellants to plaintiff, William Hood, constable of St. Francois township, St. Francois county, prosecuted in the name of the latter for the use and benefit of the relator, Mary McBrien. The bond was executed by the defendant, Parkhurst Sleeth, personally, and also as administrator of the estate of Merrifield W. Huff, deceased, as principals, and M. P. Cayce and W. B. Rariden, as sureties. Plaintiff recovered and the defendants prosecute the appeal.
It appears that, on September 22,1902, Parkhurst Sleeth and Merrifield Huff obtained a judgment…
2Cases cited7 opinions
- State ex rel. Conklin v. BaradaSupreme Court of Missouri · 1874
- State ex rel. O'Bryan v. KoontzSupreme Court of Missouri · 1884
- Smith v. SterrittSupreme Court of Missouri · 1857
- Harrington's Administrator v. CrawfordSupreme Court of Missouri · 1896
- Wimer v. PritcharttSupreme Court of Missouri · 1852
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3Cited by3 opinions
- Reckert v. Roco Petroleum CorporationSupreme Court of Missouri · 1966
- In Re Ryan's EstateMontana Supreme Court · 1943
- Bear Canon Coal Co. v. CommissionerUnited States Board of Tax Appeals · 1929