Collins v. Hough
Supreme Court of Missouri
Error to Henry Circuit Court. The facts are sufficiently set forth in the opinion of the court. I. The bond on which the motion and judgment complained of were founded was given under and in pursuance of the practice act of 1849; and upon the failure of Collins to prosecute his said original suit for the recovery of said slave with effect, and to return said slave, and pay the damages occasioned by the taking and detaining thereof, defendant might perhaps have brought a suit…
Read the full summary
Error to Henry Circuit Court. The facts are sufficiently set forth in the opinion of the court. I. The bond on which the motion and judgment complained of were founded was given under and in pursuance of the practice act of 1849; and upon the failure of Collins to prosecute his said original suit for the recovery of said slave with effect, and to return said slave, and pay the damages occasioned by the taking and detaining thereof, defendant might perhaps have brought a suit upon the bond against the principal and securities in that bond ; but the defendant having elected to proceed by motion…
1Opinion of the CourtRichardson, Judge
Collins commenced an action in 1852 against Hough under the 8th article (claim and delivery of personal property) of the practice act of 1849, to recover the possession of a negro woman. Upon filing the necessary affidavit an order was made on the defendant requiring him to deliver the slave to the sheriff, and thereupon the plaintiff executed the bond required by the third section and received the possession of the slave. At the November term, 1855, the plaintiff failed to appear and prosecute the suit, and thereupon a jury was *152called, who assessed the value of the slave at five hundred…
2Cited by8 opinions
- Kreibohm v. YanceySupreme Court of Missouri · 1900
- Berghoff v. HeckwolfSupreme Court of Missouri · 1858
- Burnham v. MacWhinnieMassachusetts Supreme Judicial Court · 1965
- Hansard v. ReedSupreme Court of Missouri · 1860
- Munley v. KingMissouri Court of Appeals · 1890
3 more not listed; retrieve them via the Exa API.