State ex rel. Ozark County v. Tate
Supreme Court of Missouri
Appeal from Osarlo Circuit Court. — Hon. J. F. Hale, Judge. The judgment in this case was not void nor voidable, and should not have been set aside, for the following reasons: (1) Because such judgment may at any time be amended under the statute of jeofails.
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Appeal from Osarlo Circuit Court. — Hon. J. F. Hale, Judge. The judgment in this case was not void nor voidable, and should not have been set aside, for the following reasons: (1) Because such judgment may at any time be amended under the statute of jeofails. (2)' Because a judgment in a suit commenced and prosecuted against a dead man who is joined with living defendants is void as to him; but such judgment, however, on that account is not void as to living defendants who were joined with him in the action. (3) Because this case is one in which the defendants are severally liable, and a…
1Opinion of the CourtBarclay, J.
The relator, for .whose use and benefit this action runs, is Ozark county. The cause is based upon the official bond of an ex-collector, and alleged breaches thereof.
Touching such proceedings it is declared by section 882 (R. S. 1889) that “ every suit brought upon such official bond, to the use of the party aggrieved, and every judgment thereon shall be deemed the private suit and judgment of the relator, in the same manner, in every respect, as if he were the nominal plaintiff, and such relator shall be liable for costs, as other plaintiffs.” (Same as sec. 583 of 1879.)
The county is the…
2Cases cited19 opinions
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
- Rude v. MitchellSupreme Court of Missouri · 1888
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Williams v. HudsonSupreme Court of Missouri · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Casper v. LeeSupreme Court of Missouri · 1952
- Cross v. GouldMissouri Court of Appeals · 1908
- Bensieck v. CookSupreme Court of Missouri · 1892
- Sprung v. Negwer Materials, Inc.Supreme Court of Missouri · 1987
41 more not listed; retrieve them via the Exa API.