State ex rel. Rutledge v. Holman
Missouri Court of Appeals
Appeal from Ray Circuit Court. — Hon. J. W. Alexander, ' Judge. (1) The imperative duty of the judge of the probate court, under and by virtue of said statute, was to appoint a special curator and guardian to take charge of the person and estate of the said Meme J. D. Rutledge and to have required said guardian and curator to give a good and sufficient bond.
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Appeal from Ray Circuit Court. — Hon. J. W. Alexander, ' Judge. (1) The imperative duty of the judge of the probate court, under and by virtue of said statute, was to appoint a special curator and guardian to take charge of the person and estate of the said Meme J. D. Rutledge and to have required said guardian and curator to give a good and sufficient bond. Sec. 5299, eh. 76, R. S. 1899. (2) Securities being the favorites of the law and entitled to all technical defenses, it is asked that the liabilities of the securities be strictly construed. Blair v. Ins. Co., 10 Mo. 560; Bauer v.…
1Opinion of the CourtEllison, J.
This is an action against defendant Holman and the other defendants, sureties on his bond as public *615administrator of Bay county. This cause was submitted to the trial court on an agreed statement of facts upon which that court rendered judgment for the plaintiff.
It appears that defendant Holman first came into his office by appointment of the Governor in Eebruary, 1894, to .fill a vacancy until the ensuing general election; and that he qualified by giving bond, taking the oath and entering upon his duties on the following March 7. That on the second day of July thereafter, this relator and…
2Cases cited12 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1899
- Cox v. BoyceSupreme Court of Missouri · 1899
- State ex rel. Smith v. Paul'sSupreme Court of Missouri · 1855
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3Cited by4 opinions
- State ex rel. Short v. HardyMissouri Court of Appeals · 1918
- State ex rel. Scott v. GreerMissouri Court of Appeals · 1903
- State ex rel. Johnston v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1915
- State ex rel. King v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1915