Newton v. Cox
Supreme Court of Missouri
Appeal from Daviess Circuit Court.—Hon. S. A. Richardson, Judge. The bond was not a statutory bond, for it lacked the most essential condition by omitting the words “ or order or decree of any court having-jurisdiction.” But even if it were a valid statutory bond the scire facias should recite that demand had been made upon the executor in order to authorize the execution against the executor.
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Appeal from Daviess Circuit Court.—Hon. S. A. Richardson, Judge. The bond was not a statutory bond, for it lacked the most essential condition by omitting the words “ or order or decree of any court having-jurisdiction.” But even if it were a valid statutory bond the scire facias should recite that demand had been made upon the executor in order to authorize the execution against the executor. These jurisdictional facts being absent from the sci.fa. render it fatally deficient. Where statutes prescribe the form of official and other bonds and require that all bonds shall be taken in the form…
1Opinion of the CourtHenry, J.
This was a proceeding in the probate court of Daviess county on a sci. fa. against the sureties oí James L. Davis, executor of the last will of Charles B. Williams, deceased. The sureties pleaded to the jurisdiction of the court, upon the ground that the bond is not a statutory bond, and, therefore, summary proceedings by sci. fa. would not lie. The judgment of the court was against them, and they appealed to the circuit court, where plaintiffs again obtained a judgment, from which defendants have appealed to this court.
It is conceded, and there can be no question, that if the bond in suit is…
2Cases cited2 opinions
- Flint ex rel. Lumpkin v. YoungSupreme Court of Missouri · 1879
- Hoshaw v. GullettSupreme Court of Missouri · 1873
3Cited by5 opinions
- Henry County v. SalmonSupreme Court of Missouri · 1907
- Gary Realty Co. v. SwinneySupreme Court of Missouri · 1925
- Hastings v. HennesseyMissouri Court of Appeals · 1894
- State v. SimmonsSupreme Court of Missouri · 1920
- Town of Canton v. Bank of Lewis CountySupreme Court of Missouri · 1936