State ex rel. Wolf v. Engelke
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The original bond on which the suit was founded, or a certified copy thereof, should have been filed prior to the day of trial. This not having been done, the motion to dismiss should have been sustained. — Wag.
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Appeal from St. Louis Circuit Court. The original bond on which the suit was founded, or a certified copy thereof, should have been filed prior to the day of trial. This not having been done, the motion to dismiss should have been sustained. — Wag. Stats., p. 597, sect. 42; p. 1022, sect. 51; Rothwell v. Morgan, 37 Mo. 107 ; Pealce v. Bell, 65 Mo. 224; Hannibal, etc., R. Co. v. Knudson, 62 Mo. 569. Where a guardian not otherwise in default is removed from his trust by reason of his non-residence, and no successor is appointed at the term at which he is removed, he is not liable for a failure…
1Opinion of the CourtHayden, J.
This is an action brought by the present guardian of a ward upon a bond given by the defendants as sureties of a former guardian. On March 24, 1865, one Heil was appointed guardian, and as such gave the usual bond, with the defendants as sureties. On June 23,1873, Heil filed his annual settlement, which showed an indebtedness to his ward of $495.65, and the Probate Court found the balance accordingly. On December 6, 1873, an order of the Probate Court was made revoking and annulling the appointment of Heil as guardian. On July 2, 1877, the present guardian *359was appointed, who in this suit…
2Cases cited8 opinions
- Picot v. O'FallonSupreme Court of Missouri · 1864
- Sheetz v. KirtleySupreme Court of Missouri · 1876
- Finney v. State ex rel. EstissSupreme Court of Missouri · 1845
- Rothwell v. MorganSupreme Court of Missouri · 1865
- State ex rel. Thornton v. HosterSupreme Court of Missouri · 1876
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3Cited by2 opinions
- North St. Louis Planing Mill Co. v. EssexMissouri Court of Appeals · 1911
- Silver v. Fidelity & Deposit Co. of MarylandNew Mexico Supreme Court · 1935