Legal Opinion

State ex rel. Winburn v. Minor

Supreme Court of Missouri

Decided August 15, 1869PublishedCited by 9 opinions

Error to Fifth District Court I. The Circuit Court erred in instructing the jury that the cause of action Accrued at the time of the collection of the money sued for. (ft. C. 1855, p. 751, § 67; Gen. Stat. 1865, p. 648, § 65, pp. 614-15, §§ 34-5, 38-40; 4Blackf., Ind., 775; Weston v. Ames, 10 Mete. 244; Euqua v. Young, 14 La.

Read the full summary

Error to Fifth District Court I. The Circuit Court erred in instructing the jury that the cause of action Accrued at the time of the collection of the money sued for. (ft. C. 1855, p. 751, § 67; Gen. Stat. 1865, p. 648, § 65, pp. 614-15, §§ 34-5, 38-40; 4Blackf., Ind., 775; Weston v. Ames, 10 Mete. 244; Euqua v. Young, 14 La. An. 216 ; Collis v. Bowen, 8 Blackf. 262; 20 U. S. Dig. 644, § 209 ; Hutchins v. Gil-man, 9 N. H. 359 ; Governor v. Stonum, 11 Ala. 679; 8 U. S. Dig. 263, § 52 ; 3 Blackf. 324 ; Wright v. Hamilton, 2 Bailey, 51; 2 U. S. Dig. 357, § 209 ; Church v. Clark, 1 Root, 303 ;…

1Opinion of the CourtCurrier, Judge

This suit was instituted March 28, 1867, and is founded upon the bond of the defendant Minor, as sheriff of Daviess county, *375the other defendants being his sureties therein. The main question litigated in this court arises upon the answer of the defendants setting up the statute of limitations as a bar to the suit. The breaches of the bond averred in the petition consist in this: that Minor, as sheriff of said county, neglected to make collection of certain notes taken by him on the sale of lands in a partition suit; that he collected money therein which he never paid over or accounted for;…

2Cases cited2 opinions

  1. Thompson v. Central BankSupreme Court of Georgia · 1851
  2. Governor v. StonumSupreme Court of Alabama · 1847

3Cited by9 opinions

  1. Shelby County v. BraggSupreme Court of Missouri · 1896
  2. State ex rel. Barringer v. HawkinsMissouri Court of Appeals · 1903
  3. State ex rel. Judge v. GatzweilerSupreme Court of Missouri · 1871
  4. Lesem v. NealSupreme Court of Missouri · 1873
  5. Carder v. PrimmMissouri Court of Appeals · 1892

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API