Meier v. Lester
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was an action brought in the name of Meier, upon a constable’s bond given to the state. The breach of the condition was alleged in the petition to consist in a seizure and sale by the constable of property of the plaintiff, which was by law exempt from execution. A demurrer to the petition was sustained by the court below, and the plaintiff appealed.
1Opinion of the Court
Leonard, Judge.
This judgment must be affirmed, according to the case of the State v. Moore, (19 Mo. Rep. 369,) where it is holden that the suit upon the official bond of an officer, given to the state, must be in the name of the state, as the trustee of an express trust, within the meaning of our new practice aet. Judgment affirmed accordingly.
2Cases cited1 opinion
- State ex rel. Russell v. MooreSupreme Court of Missouri · 1854
3Cited by2 opinions
- State Ex Rel. Mather v. CarnesMissouri Court of Appeals · 1977
- State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878