Harrington's Administrator v. Crawford
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cou,rt. — Hon. John A. Harrison, Judge. Transferred from St. Louis Court of Appeals. (1) The bond sued upon was void as being without any consideration or upon a consideration which was against the law. “A sheriff may take a bond to keep himself harmless in doing that which he ought to do, but if he takes a bond to keep himself harmless in-doing that which he ought not to do, the bond is void and against the law.”
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Appeal from St. Louis City Circuit Cou,rt. — Hon. John A. Harrison, Judge. Transferred from St. Louis Court of Appeals. (1) The bond sued upon was void as being without any consideration or upon a consideration which was against the law. “A sheriff may take a bond to keep himself harmless in doing that which he ought to do, but if he takes a bond to keep himself harmless in-doing that which he ought not to do, the bond is void and against the law.” Bloclcett v. Crissop, 1 Ld. Eay. 278; Murfree on Sheriffs [Ed. 1890J, sec. 635a, p. 301; Cole v. Parker, 7 Iowa, 167; Cass Co. v. Beck, 76 Iowa,…
1Opinion of the CourtBurgess, J.
This cause was transferred to the supreme court from the St. Louis court of appeals because of the dissent of one of the members of that court from the opinion filed therein. See infra and 61 Mo. App. 221. We approve that opinion, and in accordance therewith affirm the judgment of that court
reversing the judgment of the circuit court.
G-antt, P. J., and Sherwood, J., concur.
OPINION OP ST. LOUIS COURT OP APPEALS.
Rombauer, P. J.
In January, 1885, the circuit court of the city of St. Louis, which had full jurisdiction of the parties and subject-matter, ordered a writ *470of restitution to issue to…
2Cases cited13 opinions
- Kick v. MerrySupreme Court of Missouri · 1856
- Griffin v. . HastySupreme Court of North Carolina · 1886
- Thornton v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1890
- Cole v. ParkerSupreme Court of Iowa · 1858
- Long v. NevilleCalifornia Supreme Court · 1868
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3Cited by12 opinions
- Palmcroft Development Co. v. City of PhoenixArizona Supreme Court · 1935
- Terminal Railroad Assn. v. Ralston-Purina Co.Supreme Court of Missouri · 1944
- State v. BevinsSupreme Court of Missouri · 1931
- State ex rel. Smith v. BowmanMissouri Court of Appeals · 1914
- State Ex Rel. American Surety Co. v. HaidSupreme Court of Missouri · 1930
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