State ex rel. Pace v. McCormack
Supreme Court of Missouri
Error to Montgomery Circuit Court. The defendants are liable on defendant McCormack’s sheriff’s bond for the money sued for, because it was received by McCormack in his official capacity during the term of office covered by their bond, although the money arose from a partition sale made by him during a previous term of office, covered by a bond with different sureties.
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Error to Montgomery Circuit Court. The defendants are liable on defendant McCormack’s sheriff’s bond for the money sued for, because it was received by McCormack in his official capacity during the term of office covered by their bond, although the money arose from a partition sale made by him during a previous term of office, covered by a bond with different sureties. (Ingram’s Adm’rs v. McCombs & Earrar, 17 Mo. 558-561; Todd et al. v. Boone County, 8 Mo. 436.) To charge the second bondsmen, an order should have been made by the court transferring the business to McCormack as sheriff by…
1Opinion of the CourtWagner, Judge
McCormack, the defendant, was sheriff of Montgomery county, and during his first term of office, by order of the Circuit Court, he sold some lands which had been adjudged to be sold in partition. The terms of the sale were half cash to be paid down and the balance in six months. The money for the deferred payment was collected by McCormack after he had been re-elected to the office of sheriff, and while he was serving his second term, and had given new sureties, and he failed to pay the same over to the person entitled thereto, in pursuance of an order made by the court for that purpose. This…
2Cases cited7 opinions
- State v. DrurySupreme Court of Missouri · 1865
- State ex rel. Smith v. Paul'sSupreme Court of Missouri · 1855
- State ex rel. Buchanan County v. SmithSupreme Court of Missouri · 1858
- State ex rel. Southern Bank v. AthertonSupreme Court of Missouri · 1867
- Draffen v. City of BoonvilleSupreme Court of Missouri · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State ex rel. Chatham National Bank v. FinnSupreme Court of Missouri · 1889
- Tittman v. GreenSupreme Court of Missouri · 1891
- Hausmann v. HopeMissouri Court of Appeals · 1886
- Hellman & Co. v. Pollock & Co.Missouri Court of Appeals · 1891
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1895
4 more not listed; retrieve them via the Exa API.