State ex rel. Hamilton v. May
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Eon. George E. Shields, Judge. The statutory action for damages for death caused by wrongful act does not lie against the principal and sureties on a constable’s bond, (a) The Death Damage Act (Sees. 5425-26) does not create any new cause of action. It transmits the right to sue, which the deceased would have had he lived.- Strode v. Transit Co., 197 Mo. 616. (b) If the deceased would have had no claim nothing is transmitted.
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Appeal from St. Louis City Circuit Court.—Eon. George E. Shields, Judge. The statutory action for damages for death caused by wrongful act does not lie against the principal and sureties on a constable’s bond, (a) The Death Damage Act (Sees. 5425-26) does not create any new cause of action. It transmits the right to sue, which the deceased would have had he lived.- Strode v. Transit Co., 197 Mo. 616. (b) If the deceased would have had no claim nothing is transmitted. Strode v. Transit Co., 197 Mo. 616; Buel v. Railway, 248 Mo. 12'6. (c) The right of action thus transmitted is one in tort.…
1Opinion of the CourtReynolds, P. J.
This is an action on the official bond of a donstable for wrongful death of á child of relators. It comes before our court upon the record proper which discloses these facts:
Appellant May was the duly elected constable of the justice’s court within and for the fifth district of St. Louis. He gave bond in the statutory form in the sum of $5000, conditioned that May “will execute all process to him directed and delivered, and pay over all money received by him by virtue of his office, and in every respect discharge all the duties of constable according to law.” Appellants Henry and Stocker…
2Cases cited10 opinions
- Buel v. United Railways Co.Supreme Court of Missouri · 1913
- State ex rel. Cocking v. WadeCourt of Appeals of Maryland · 1898
- Strode v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
- Glenn v. HillSupreme Court of Missouri · 1908
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3Cited by3 opinions
- Clark v. WestCourt of Appeals of Texas · 1939
- State ex rel. O'Donnell v. BoeppleMissouri Court of Appeals · 1917
- Clark v. WestCourt of Appeals of Texas · 1939