State ex rel. Blair v. Garnett Mining Co.
Missouri Court of Appeals
Error to Circuit Court, Jasper County, Division Number One. — Eon. Joseph D. Perkins, Judge. 1. Bond ia not statutory bond as' is required in appeals and in sucb case judgment is void. Distilling Co: v. Kermis, 79 Mo. App. 111. 2. Surety in a bond has a right to stand on the strict letter of his bond and his obligation is strictly construed. Rothman v. Kermis 79 Mo. App. Ill; Hil v. Keller, 179 Mo. App. 710’; Erath v. Flynn, 55 Mo. App. 107; Blair v. Jus.
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Error to Circuit Court, Jasper County, Division Number One. — Eon. Joseph D. Perkins, Judge. 1. Bond ia not statutory bond as' is required in appeals and in sucb case judgment is void. Distilling Co: v. Kermis, 79 Mo. App. 111. 2. Surety in a bond has a right to stand on the strict letter of his bond and his obligation is strictly construed. Rothman v. Kermis 79 Mo. App. Ill; Hil v. Keller, 179 Mo. App. 710’; Erath v. Flynn, 55 Mo. App. 107; Blair v. Jus. Co., 10 Mo. 566; Harrisonville v. Porter, 76 Mo. 385. 3. The name of the plaintiff in the affidavit and bond is not the plaintiff in the…
1Opinion of the Court
OPINION.
STURGIS, J.
Before taking up the discussion of the vita] issues in this casé, it is necessary to dispose of some preliminary matters. On October 4, 1912, de*88fendant in error filed in this court a motion to quash the writ of error alleging as a ground that all of the parties, against whom judgment in this case was rendered in the circuit court, were living at the time of bringing this writ, and that they have not joined in the same as provided in section 2058, Revised Statutes 1909. It is true, the judgment was against “the defendant and W. M. Kavanaugh, O. C. P'layter and D. N. Friend.”…
Also in this document: Concurrence.
2Cases cited5 opinions
- Drake v. GorrellMissouri Court of Appeals · 1908
- State v. CharlesSupreme Court of Missouri · 1907
- Stateex rel. Moxley v. HammondMissouri Court of Appeals · 1902
- J. H. Rothman Distilling Co. v. KermisMissouri Court of Appeals · 1899
- Cowhick v. JacksonMissouri Court of Appeals · 1912
3Cited by5 opinions
- Graham v. HinesCourt of Appeals of Texas · 1922
- Badertscher v. Independent Ice Co.Utah Supreme Court · 1919
- Stulz v. LentinMissouri Court of Appeals · 1927
- Watters v. Treasure Mining Co.New Mexico Supreme Court · 1915
- Graham v. HinesCourt of Appeals of Texas · 1922