Webster County v. Cunningham
Supreme Court of Missouri
Appeal from Webster Circuit Court. — Hon. W. I. Wallace, Judge. This is an action to enforce a bond and mortgage, executed to evidence and secure a loan of the school funds of Webster county. The defense is that the obligation of the instrument was discharged by reason of facts amounting to a release of the defendants as sureties in the bond. The reply put this defense in issue. The court found for defendants, and there was judgment accordingly.
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Appeal from Webster Circuit Court. — Hon. W. I. Wallace, Judge. This is an action to enforce a bond and mortgage, executed to evidence and secure a loan of the school funds of Webster county. The defense is that the obligation of the instrument was discharged by reason of facts amounting to a release of the defendants as sureties in the bond. The reply put this defense in issue. The court found for defendants, and there was judgment accordingly. The other material facts are stated in the opinion. (1) There is nothing judicial in the functions exercised by county courts in relation to school…
1Opinion of the CourtBarclay, J.
The many interesting questions discussed in the able brief of counsel for plaintiff cannot be reached for decision because of the intervention of a formal but decisive point of practice made by defendant, The latter claims that the supposed bill of exceptions was not filed within the time required by law, and that the matters of exception disclosed in it cannot, therefore, be reviewed. The point is well taken, in view of principles recognized in former decisions on this subject. State v. Mayor, 99 Mo. 602; State v. Hill, 98 Mo. 570; Rine v. Railroad, 88 Mo. 401.
The cause was terminated in the…
2Cases cited3 opinions
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- State v. HillSupreme Court of Missouri · 1889
- State v. MayorSupreme Court of Missouri · 1889
3Cited by6 opinions
- Pennowfsky v. CoerverSupreme Court of Missouri · 1907
- Kapiolani Estate, Ltd. v. E. Peck & Co.Hawaii Supreme Court · 1903
- State v. RyanSupreme Court of Missouri · 1894
- Mason v. PenningtonMissouri Court of Appeals · 1893
- Thorp v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1911
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