Robards v. Samuel
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. This was a motion for judgment on a bond given by Robert Hance, as principal, and R. P. Samuel, as security, for the delivery of a horse which was levied upon under an execution against Hance.
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Appeal from Hannibal Court of Common Pleas. This was a motion for judgment on a bond given by Robert Hance, as principal, and R. P. Samuel, as security, for the delivery of a horse which was levied upon under an execution against Hance. At the hearing-, the defendant, Samuel, offered to prove that the horse was exempt from execution, and was So claimed by Hance; and that, notwithstanding this claim, the sheriff persisted in refusing to restore the horse, unless Hance would execute a bond for his delivery upon the day of sale, and that the bond was thus illegally and oppressively extorted. The…
1Opinion of the CourtScott, Judge
1. This case is not like that of Page & Bacon v. Butler, 15 Mo. Rep. 73, where it was held, that a party to, a forthcoming bond for the delivery of property seized under an execution, could not, after a forfeiture of the bond, successfully assert a claim to the property mentioned in it. Our courts have repeatedly held, that a voluntary bond, given to an officer, if not contrary to the policy of the law or in violation of some statutory enactment, is valid and will support an action. Rut bonds extorted involuntarily, by virtue of any authority, or to compel a man to do an act which he is not…
2Cases cited1 opinion
- Page & Bacon v. ButlerSupreme Court of Missouri · 1851
3Cited by3 opinions
- Smith v. StubbsColorado Court of Appeals · 1901
- Marchildon v. O'HaraMissouri Court of Appeals · 1893
- Smith v. StubbsColorado Court of Appeals · 1901