Sosman v. Conklin
Missouri Court of Appeals
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 The collection of the judgment was superseded as to both Con]on and the lien by this appeal; and when the collection of the judgment in any way that the plaintiffs had a right to collect it was suspended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
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Kennedy v. NimsMichigan Supreme Court · 1883
- Kephart v. Farmers' & Mechanics' BankMichigan Supreme Court · 1857
- Deatherage v. SheidleyMissouri Court of Appeals · 1892
- Hunt v. HopkinsSupreme Court of Missouri · 1884
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3Cited by2 opinions
- Marean v. StanleySupreme Court of Colorado · 1905
- Louder v. HunterSouth Dakota Supreme Court · 1913