State ex rel. O'Malley v. Musick
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Since the act or omission of the notary must have accrued while he was yet a notary, it follows that after the notary has been out of office three years no one can sue on the bond. This statute is, therefore, like the one which limited the actions on constables’ bonds to two (now three) years after the expiration of the officer’s term. State ex rel. v. Schaeffer, 12 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Since the act or omission of the notary must have accrued while he was yet a notary, it follows that after the notary has been out of office three years no one can sue on the bond. This statute is, therefore, like the one which limited the actions on constables’ bonds to two (now three) years after the expiration of the officer’s term. State ex rel. v. Schaeffer, 12 Mo. App. 276. (2) Where there is no saving cause to a limitation statute the courts cannot write one into it. Collins v. Pease, 146 Mo. 139; Revised…
1Opinion of the CourtNixon, P. J.
A preliminary question must be disposed of before we undertake a consideration of the errors assigned.
This case was argued and submitted on the merits by counsel for both parties on May 6, 1910, in this court, no suggestion being made during the argument of any alleged defects in appellants’ abstract. On the 10th day of May, 1910, after the attorneys had returned to St. Louis, respondent filed in this court a motion to dismiss the appeal and a motion to affirm the judgment, supported by a printed brief on the questions presented. Copies of these motions and this brief were served on…
2Cases cited15 opinions
- Smith v. BlachleySupreme Court of Pennsylvania · 1901
- Shelby County v. BraggSupreme Court of Missouri · 1896
- Riddick v. WalshSupreme Court of Missouri · 1852
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
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3Cited by13 opinions
- State ex rel. Fehrenbach v. LoganMissouri Court of Appeals · 1916
- Whitehorn v. DickersonMissouri Court of Appeals · 1967
- Obermeyer v. KirshnerMissouri Court of Appeals · 1931
- Erwin v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1913
- Kohout v. AdlerMissouri Court of Appeals · 1959
8 more not listed; retrieve them via the Exa API.