State ex rel. Russell v. Moore
Supreme Court of Missouri
Error to Chariton Circuit Court. This was an action brought under the code, in the name of the-state of Missouri, to the use of William Russell and Sarah J., his wife, against Robertson Moore and others, upon a bond executed by Moore as principal, and the other defendants, as .his securities, conditioned that Moore should faithfully perform his duties as sheriff of Chariton county, according to law.
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Error to Chariton Circuit Court. This was an action brought under the code, in the name of the-state of Missouri, to the use of William Russell and Sarah J., his wife, against Robertson Moore and others, upon a bond executed by Moore as principal, and the other defendants, as .his securities, conditioned that Moore should faithfully perform his duties as sheriff of Chariton county, according to law. The breach of the bond was charged in the petition substantially as follows : 0'n the 25th of November, 1848, a suit was commenced in Chariton county by Greorge W. Temple against Sarah J. Cochran,…
1Opinion of the CourtSoott, Judge
1. The first ground of demurrer to the plaintiff’s petition is, that the proper parties are not made plaintiffs. It is maintained that the suit should have been brought in the name of Wm. Russell and his wife, they being the real parties in interest, and not in the name of the state of Missouri. The action is on a sheriff’s bond, which is, by law, made payable to- the state of Missouri, and is against the sheriff and his sureties. In the construction of the present practice act, it has been held, that the obligee of a bond, and the payee of a note are the proper persons in whose names suits…
2Cited by29 opinions
- Katie Ruth Anderson v. J. J. Nosser, James Bradley v. J. J. NosserCourt of Appeals for the Fifth Circuit · 1971
- Jordan v. KellyDistrict Court, W.D. Missouri · 1963
- State Ex Rel. Mather v. CarnesMissouri Court of Appeals · 1977
- Styers v. . Forsyth CountySupreme Court of North Carolina · 1937
- State ex rel. Hannibal & St. Joseph Railroad v. ShacklettSupreme Court of Missouri · 1866
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