State ex rel. Goddard, Peck & Co. v. Rayburn
Missouri Court of Appeals
Appeal from the Butler Circuit Court, Hon. JohnG. Wear, Judge. The court erred in rejecting as evidence that part of the transcript in the case of Goddard, Peck & Company vs. Spiller, Haynes & McRee, that was a copy •of the transcript of said case sent 'from Dunklin county to Stoddard county, on the ground that it was a ■copy of a copy.
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Appeal from the Butler Circuit Court, Hon. JohnG. Wear, Judge. The court erred in rejecting as evidence that part of the transcript in the case of Goddard, Peck & Company vs. Spiller, Haynes & McRee, that was a copy •of the transcript of said case sent 'from Dunklin county to Stoddard county, on the ground that it was a ■copy of a copy. The transcript from Dunklin county, when filed in the circuit court of Stoddard county, became a record of that court, and a transcript of such transcript if made out by the clerk and duly certified, is certainly entitled to as much credit as a transcript of…
1Opinion of the CourtPeers, J.
This is an action upon the official bond of the defendant Rayburn as sheriff of Dunklin county, Missouri, for neglect of duty as such sheriff in releasing books and accounts from attachment levy in a proceeding in favor of these plaintiffs and against' Spiller, Haynes & McRea. Plaintiffs asked judgment for the penalty of the bond'to be satisfied by the payment of their original judgment of $1,535.32, and costs.
The record shows this cause to have been commenced in Dunklin county at the November term, 1882, some time after plaintiffs had obtained their judgment in the original attachment suit,…
2Cases cited3 opinions
- State ex rel. Goddard, Peck & Co. v. RayburnMissouri Court of Appeals · 1886
- Corby v. BurnsSupreme Court of Missouri · 1865
- Bettis v. LoganSupreme Court of Missouri · 1827
3Cited by4 opinions
- Bank of Orland v. FinnellCalifornia Supreme Court · 1901
- Jonas v. South Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1915
- Hunter v. JohnsonMissouri Court of Appeals · 1906
- State ex rel. Goddard-Peck & Co. v. RayburnMissouri Court of Appeals · 1892