State v. McGonigle
Supreme Court of Missouri
Appeal from, Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) The record of the county court approving the bond is the only evidence of the fact and of what was done by the county court touching said bond. Medlin v. Platte County, 8 Mo. 235; Milan v. Pemberton, 12 Mo. . 599 ; Dennison v. County, 33 Mo. 168; Peppy v. Jefferson County, 47 Mo. 66 ; Maupin ®. County, 67 Mo. 327; Mobley v. Nave, 67 Mo. 546 ; Johnson County v. Wood, 84 Mo. 515 ; Bank v. Hoeber, 8 Mo.
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Appeal from, Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) The record of the county court approving the bond is the only evidence of the fact and of what was done by the county court touching said bond. Medlin v. Platte County, 8 Mo. 235; Milan v. Pemberton, 12 Mo. . 599 ; Dennison v. County, 33 Mo. 168; Peppy v. Jefferson County, 47 Mo. 66 ; Maupin ®. County, 67 Mo. 327; Mobley v. Nave, 67 Mo. 546 ; Johnson County v. Wood, 84 Mo. 515 ; Bank v. Hoeber, 8 Mo. App. 171; Riley ®. Pettis County, 96 Mo. 318. (2) Taking Bailing’s name off the bond was a case of spoliation and not of…
1Opinion of the CourtBlack, J.
The state, as plaintiff, brought this suit against the sureties on the official bond of Peter J. Reid, who was elected collector of Knox county in November, 1884. Reid seems to have paid over the county revenues collected by him, but he made default to the state in the amount of fourteen thousand and ninety-two dollars, and hence this suit. The case was tried by the court without a jury, the trial resulting in a judgment for the defendants, to reverse which the state prosecutes this appeal.
Many matters of defense were set up in the answers filed by the defendants, and evidence was received in…
2Cases cited16 opinions
- Dair v. United StatesSupreme Court of the United States · 1873
- Smith v. United StatesSupreme Court of the United States · 1865
- State ex rel. McCarty v. PepperIndiana Supreme Court · 1869
- State ex rel. Jackson Township v. BergIndiana Supreme Court · 1875
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
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3Cited by15 opinions
- State ex rel. Pemiscot County v. ScottSupreme Court of Missouri · 1890
- Schuster v. WeissSupreme Court of Missouri · 1893
- Sears v. Stone CountySupreme Court of Missouri · 1891
- County of Jackson v. J. H. Fayman & Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1931
- Board of Finance of School Town v. First National BankIndiana Court of Appeals · 1919
10 more not listed; retrieve them via the Exa API.