State ex rel. Patterson v. Tittmann
Supreme Court of Missouri
Appeal from St'. Louis City Circuit Court. — Hon. Jacob Klein, Judge. .(1) The plea of the statute of limitations, contained in the appellant’s amended answer, should have been sustained.
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Appeal from St'. Louis City Circuit Court. — Hon. Jacob Klein, Judge. .(1) The plea of the statute of limitations, contained in the appellant’s amended answer, should have been sustained. Revised Statutes, 1889, sees. 183, 5329; Johnson v. Smith’s Adyfr, 27 Mo.'591; Coleman v. Willi, 46 Mo. 236; State ex rel. v. Hoshaw, 86 Mo. 193; Bent v. Priest, 86 Mo. 475; State v. Blake, 2 Ohio St.* 147; Bridges v. Blake, 106 Ind. 332; Audi-aumpaugh v. Schmidt, 70 Iowa, 642; Ratcliff v. Leunig, 30 Ind. 289; Bonham v. People, 102 Ill. 434; Glass v. Woolf’s Adm’r, 82 Ala. 281; Mann v. Everts, 64 Wis. 372.…
1Opinion of the CourtBarclay, J.
This case came into the supreme court by transfer from the St. Louis court of appeals upon a division of opinion, shown by the officiab report, 54 Mo. App. 490.
The action is to recover damages for breach of a curator’s bond wherein the defendant appellant, Mr. Lucas, is one of the sureties. The administrator of the curator is also defendant, but as he did not appeal we shall treat the appellant as sole defendant.
Liability for the alleged breach of the bond was denied in the circuit court, and the statute of limitations was also interposed.
The actual controversy at the present time lies in a…
2Cases cited8 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Patterson v. BoothSupreme Court of Missouri · 1890
- Howard County v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Finney v. State ex rel. EstissSupreme Court of Missouri · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State Ex Rel. Moore v. MorantMissouri Court of Appeals · 1954
- Macdonald v. FraterWashington Supreme Court · 1902
- State ex rel. Fehrenbach v. LoganMissouri Court of Appeals · 1916
- In Re Estate of ZeppenfeldMissouri Court of Appeals · 1979
- Albers v. Merchants' ExchangeSupreme Court of Missouri · 1897
13 more not listed; retrieve them via the Exa API.