Legal Opinion

Sosman v. Conklin

Missouri Court of Appeals

Decided February 25, 1896PublishedCited by 2 opinions

Appeal from, the Greene Circuit Court. — Hon. James T. Neville, Judge. When the appeal .was taken, the whole case was appealed, that as to Conlon, the original contractor, as well as Jarvis-Conklin Mortgage Trust Company. Carthage v. Bowman, 55 Mo.

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Appeal from, the Greene Circuit Court. — Hon. James T. Neville, Judge. When the appeal .was taken, the whole case was appealed, that as to Conlon, the original contractor, as well as Jarvis-Conklin Mortgage Trust Company. Carthage v. Bowman, 55 Mo. App. 204. The collection of the judgment was superseded as to both Con]on and the lien by this appeal; and when the collection of the judgment in any way that the plaintiffs had a right to collect it was suspended by the giving of the bond, the bondmen became liable for the judgment. Mahlman v. Williams, 12 S. W. Rep. 335; Session v. Tintará, 18…

1Opinion of the CourtBond, J.

The facts in this case are that plaintiffs, as subcontractors, recovered a personal judgment on June 4, 1894, against the original contractor for a building, known as the Baldwin Theatre, in Springfield, Missouri, for $1,865 and costs of suit. This judgment was declared a lien on said building prior to a deed of trust thereon given by the owners of the property to the Jarvis-Conklin Mortgage Trust Company. Said mortgagee appealed from said judgment, giving therefor a bond in the form prescribed by statute, with defendants as sureties. None of the other parties to said suit appealed. For…

2Cases cited6 opinions

  1. Hilliker v. FranciscoSupreme Court of Missouri · 1877
  2. Kennedy v. NimsMichigan Supreme Court · 1883
  3. Kephart v. Farmers' & Mechanics' BankMichigan Supreme Court · 1857
  4. Deatherage v. SheidleyMissouri Court of Appeals · 1892
  5. Hunt v. HopkinsSupreme Court of Missouri · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Marean v. StanleySupreme Court of Colorado · 1905
  2. Louder v. HunterSouth Dakota Supreme Court · 1913

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