State ex rel. Young v. Hesselmeyer
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. An attachment was sued out in the St. Louis Circuit Court by Bratenahl et al. against Grimes, and certain property levied on; this having been separately claimed by John Young, the relator, and by Carnot F. Eenton, the sheriff took one bond — that now sued upon at the relation of John Young, one of the claimants — and returned the same into court.
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Appeal from, St. Louis Circuit Court. An attachment was sued out in the St. Louis Circuit Court by Bratenahl et al. against Grimes, and certain property levied on; this having been separately claimed by John Young, the relator, and by Carnot F. Eenton, the sheriff took one bond — that now sued upon at the relation of John Young, one of the claimants — and returned the same into court. At the trial, this bond was read in evidence by the plaintiff, defendants excepting, but the court overruling the objection. A verdict was found for the plaintiff, whereupon defendants moved for a new trial and…
1Opinion of the CourtDryden, Judge
The defendants’ objection to the admission of the bond in evidence is founded upon the assumption that the bond imposed no obligation on the obligors without an endorsement in writing of the sheriff’s approval of it. There is nothing in the objection. The act under which the bond was given, in terms requires the sheriff to approve the securities, but is silent as to the approval of the bond. The statute is likewise silent as to how the approval of the securities shall be shown. In the absence of any statutory provision on the subject, the return of the bond, with tine process, into court, by…
2Cases cited2 opinions
- Clark v. CableSupreme Court of Missouri · 1855
- Rainey v. SmizerSupreme Court of Missouri · 1859
3Cited by7 opinions
- North St. Louis Planing Mill Co. v. EssexMissouri Court of Appeals · 1911
- State ex rel. Russell v. FargoSupreme Court of Missouri · 1899
- Graves v. McHughSupreme Court of Missouri · 1875
- State ex rel. Johnson v. TrueMissouri Court of Appeals · 1887
- Schulz v. DahlNorth Dakota Supreme Court · 1911
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