Steppacher, Arnold & Co. v. McClure & Harper
Missouri Court of Appeals
Appeal from the DeKaTb Circuit Court. — Hon. W. S. Herndon, Judge. (1) It seems to us that, considering the original purposes of this statute, the declared intention of the legislature in the amendment and additions made in 1891, and, more than all, the plain and unequivocal language of the statute itself, the trial court, in the restrictions it placed thereupon, erred; and sueh a construction, if sustained in' this tribunal, simply renders nugatory one of the most direct…
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Appeal from the DeKaTb Circuit Court. — Hon. W. S. Herndon, Judge. (1) It seems to us that, considering the original purposes of this statute, the declared intention of the legislature in the amendment and additions made in 1891, and, more than all, the plain and unequivocal language of the statute itself, the trial court, in the restrictions it placed thereupon, erred; and sueh a construction, if sustained in' this tribunal, simply renders nugatory one of the most direct and explicit-provisions thereof. R. S. 1889, secs. 2839, 2848a, 2848b. (2) We think the two sections — 527, Revised…
1Opinion of the Court
Ellison, J. —
statement. This action was begun by attachment. The attachment was abated by the circuit court for the reason there was no proper surety on the attachment bond and plaintiff, refusing to file any additional bond, has brought the case here. The surety on the attachment *137bond was, what is known and designated in tbe statute as a trust company and tbe sole question involved in tbe appeal is the authority of such company (it having complied with the laws in relation to doing business in this state) to execute bonds as surety in attachment suits.
Plaintiffs’ position is that the…
2Cases cited1 opinion
- Payne v. MasekSupreme Court of Missouri · 1893