State ex rel. Christy v. Donegan
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. The judgment of the circuit court, affirmed by the court of appeals and subsequently affirmed in the supreme court of the state, between the plaintiff and defendant, principal in the bond sued on in this case, is conclusive on the defendant, unless he can show fraud, collusion, clerical error, or payment. —■ Stoop v. Witter, 1 Mo.
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Appeal from the St. Louis Circuit Court, Adams, J. The judgment of the circuit court, affirmed by the court of appeals and subsequently affirmed in the supreme court of the state, between the plaintiff and defendant, principal in the bond sued on in this case, is conclusive on the defendant, unless he can show fraud, collusion, clerical error, or payment. —■ Stoop v. Witter, 1 Mo. App. 420; The State to use v. Greuzbauer, 68 Mo. 254; The State to use v. Baldwin, 31 Mo. 561; The State to use v. Baldwin, 27 Mo. 103; The State to use v. Ledergerber, 3 Mo. App. 572 ; The State to use v. Richmond,…
1Opinion of the Court
Bakewell, J.,
delivered the opinion of the court.. This is an action against the surety on an administrator’s bond. The proceeding was begun in August, 1880, by attachment, on the ground of non-residence. The allegations of the petition are substantially as follows : —
One Christy died in St. Louis, in October, 1867. llis widow, who is the relatrix of plaintiff, qualified as administratrix. Christy, when he died, Was in partnership with one Eyan, who administered as surviving partner, and gave the bond sued on in this action, with defendant Donegan, and McCartney, Walker, and Merriman as…
2Cases cited4 opinions
- Picot v. O'FallonSupreme Court of Missouri · 1864
- Willey v. PaulkSupreme Court of Connecticut · 1825
- State ex rel. Frost v. CreusbauerSupreme Court of Missouri · 1878
- Gilman v. HoveySupreme Court of Missouri · 1858
3Cited by6 opinions
- Liew v. Barrett & Barrett Beverage Co.Supreme Court of Missouri · 1898
- State ex rel. Christy v. DoneganSupreme Court of Missouri · 1884
- State ex rel. Christy v. DoneganSupreme Court of Missouri · 1887
- State ex rel. Taaffe v. GogginSupreme Court of Missouri · 1905
- Myers v. MillerMissouri Court of Appeals · 1893
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