State ex rel. Russell v. Fargo
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — ITon. J. H. Slover, Judge. (1) The court erred in its holding that the fact that E. Eox & Oo. were conducting a lottery constituted a defense to this action. Hayden v. Sample, 10 Mo. 223; Bennett v. Bank, 61 Mo. App. 297; State to use v. Hesselmeyer, 34 Mo. 76; State ex rel. v. Stark, 75 Mo. 566; State ex rel. v. Good-hue, 74 Mo.
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Appeal from Jackson Circuit Court. — ITon. J. H. Slover, Judge. (1) The court erred in its holding that the fact that E. Eox & Oo. were conducting a lottery constituted a defense to this action. Hayden v. Sample, 10 Mo. 223; Bennett v. Bank, 61 Mo. App. 297; State to use v. Hesselmeyer, 34 Mo. 76; State ex rel. v. Stark, 75 Mo. 566; State ex rel. v. Good-hue, 74 Mo. App. 162. (2) The court erred in its holding that plaintiff could not recover attorney’s fees and other costs and expenses incurred by his assignors after the dissolution of the attachment by their giving bond and up to the final…
1Opinion of the CourtBurgess, J.
This is amaction upon an attachment bond.
The petition alleges execution of the bond by defendant, its conditions, that breach was committed therein by failure of defendants to prosecute the suit without delay and with effect, *282the damage sustained by Eox, Lloyd and O’Ferrall by reason of the wrongful suing out of the attachment, and the assignment of the bond by them to plaintiff. The damages alleged are for attorney’s fees four thousand one hundred and fifty dollars, obtaining sureties on the bond to dissolve the attachment the sum of one thousand dollars, and for travelling and sundry…
Also in this document: Concurrence.
2Cases cited15 opinions
- Alexander v. BoutonCalifornia Supreme Court · 1880
- Fry v. EstesMissouri Court of Appeals · 1892
- State ex rel. Roe v. ThomasSupreme Court of Missouri · 1854
- State ex rel. Clifford v. BeldsmeierSupreme Court of Missouri · 1874
- State v. NelsonSupreme Court of Missouri · 1890
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3Cited by7 opinions
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- St. Joseph Stock Yards Co. v. LoveUtah Supreme Court · 1921
- State ex rel. Pinkley v. YountMissouri Court of Appeals · 1914
- Veale v. BourneMissouri Court of Appeals · 1930
- State ex rel. Clark v. ParsonsMissouri Court of Appeals · 1905
2 more not listed; retrieve them via the Exa API.