State ex rel. Martin v. Harbridge
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. —Hon. Ben E. Turnee, Judge. Appellants as securities on curator’s bond, given in tlie county court by James S. Kerans, could not be liable for the proceeds of the sale of land made by order of the circuit court, as a special bond was required and given. Commonwealth v. Pray, 17 Atl.
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Appeal from the Scotland Circuit Court. —Hon. Ben E. Turnee, Judge. Appellants as securities on curator’s bond, given in tlie county court by James S. Kerans, could not be liable for the proceeds of the sale of land made by order of the circuit court, as a special bond was required and given. Commonwealth v. Pray, 17 Atl. Rep. 450 ;• Williams v. Morton, 38 Me, 47 ; Lyman v. Conlcey, 1 Mete. 317; Hudson v. Martin, 34 Me. 339 ; Board of Supervisors v. Elders, 45 Wis. 298; Bunce v. Bunce, 21 N. W. Rep. 205; Morris v. Cooper, 10 Pac. Rep! 588; State ex rel. v. Johnson, 55 Mo. 80; 1 Wag. Stat. p.…
1Opinion of the CourtThompson, J.
This was an action on the general bond of a guardian. The defense was that the moneys,, in respect of which the breach of the bond is assigned, came into the hands of the guardian, not in virtue of his general trust, but under a special trust arising out of the fact that, in pursuance of a petition presented to the circuit court, an order was made by that court for the guardian to sell certain real estate of the ward; that; to secure the faithful performance of this special trust, a separate bond was given under the provisions-of the following statute: “To obtain such order, the guardian or…
2Cases cited10 opinions
- State v. YoungSupreme Court of Minnesota · 1877
- Waters v. StateCourt of Appeals of Maryland · 1843
- Williams v. MortonSupreme Judicial Court of Maine · 1854
- Warwick v. State ex rel. GladdenIndiana Supreme Court · 1854
- State ex rel. Maries County v. JohnsonSupreme Court of Missouri · 1874
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3Cited by4 opinions
- American Indemnity Co. v. NobleTexas Commission of Appeals · 1921
- State ex rel. Hyslop v. BilbyMissouri Court of Appeals · 1892
- Kester v. HillWest Virginia Supreme Court · 1896
- State ex rel. Miller v. PetermanMissouri Court of Appeals · 1896