Legal Opinion

State ex rel. Hayden v. McHale

Missouri Court of Appeals

Decided February 24, 1885PublishedCited by 16 opinions

Appeal from the St. Louis Circuit Court, Horner, J. An attachment bond is not assignable. — Eev. Stats., sects. 408, 409-The only person who can maintain an action on the bond is; the defendant in the suit in which the bond was given. — Davis v. The Commonwealth, 13 Gratt. 138; Rospelin v. Browndon, 7 La. 231; Edwards v. Turner, 6 Rob.

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Appeal from the St. Louis Circuit Court, Horner, J. An attachment bond is not assignable. — Eev. Stats., sects. 408, 409-The only person who can maintain an action on the bond is; the defendant in the suit in which the bond was given. — Davis v. The Commonwealth, 13 Gratt. 138; Rospelin v. Browndon, 7 La. 231; Edwards v. Turner, 6 Rob. (La.) 382. The declaration fails to aver the non-payment of the damages sustained by the principal in the bond, and is therefore bad. — Michael v. Thomas, 27 Ind. 501; Urig v. Snex, 32 Ind. 493; Ryder v. Thomas, 32 Iowa, 56; Horner v. H., 37 Iowa, 378; Prindy…

1Opinion of the CourtRombauer, J.

Whát kind of damages an obligee in an attachment bond, given in pursuance of the statute, is entitled to recover from the obligors in a suit upon the bond for breaches thereof, is a question of law. It follows from this, that where there is no controversy whatever as to the amount of *481the various items which are claimed as damages in such suit, the judgment stands upon unquestioned facts and is a mere conclusion of law.

In this cause, the suit being one upon an attachment bond, the plaintiffs, who are assignees of the bond, set out in their petition the giving of the bond, and its terms, which…

2Cases cited4 opinions

  1. Bustamente v. StewartCalifornia Supreme Court · 1880
  2. Johnson v. JonesSupreme Court of Missouri · 1852
  3. Kelly v. BeauchampSupreme Court of Missouri · 1875
  4. Mahan v. RossSupreme Court of Missouri · 1853

3Cited by16 opinions

  1. Carp v. Queen InsuranceSupreme Court of Missouri · 1907
  2. Fry v. EstesMissouri Court of Appeals · 1892
  3. Frost v. JordanSupreme Court of Minnesota · 1887
  4. James v. CannellWashington Supreme Court · 1925
  5. Allith-Prouty Co. v. WallaceWyoming Supreme Court · 1926

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