State ex rel. Squire & Reed v. Bird
Supreme Court of Missouri
Appeal from, Weston Court of Common Pleas. This was an action begun September 15, 1854, against Stevens and his securities, upon his official bond as constable. It appeared from the petition that the bond was dated August 7, 1851; that it recited the appointment of Stevens as constable in the place of one Patton, removed, and was conditioned in the usual form of a constable’s bond. There was no allegation as to the time when Stevens’ term of office expired.
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Appeal from, Weston Court of Common Pleas. This was an action begun September 15, 1854, against Stevens and his securities, upon his official bond as constable. It appeared from the petition that the bond was dated August 7, 1851; that it recited the appointment of Stevens as constable in the place of one Patton, removed, and was conditioned in the usual form of a constable’s bond. There was no allegation as to the time when Stevens’ term of office expired. The breach assigned was, that the constable had received from the beneficial plaintiffs a note against one Davis for collection, had…
1Opinion of the CourtLeonard, Judge
At the return term no proceedings were had, except a single entry, postponing the case to another day. At the next term, the defendants filed a motion to dismiss, because it appeared upon the petition that the suit was commenced more than two years after the expiration of the constable’s term of service, and the motion and suit were, by agreement of the parties, both postponed until the next term — the plaintiff, at the same time, taking an order for an alias writ against the constable, who had not yet been served. At the succeeding term, the motion to dismiss was overruled, and the sureties,…
2Cases cited1 opinion
- Humbert v. The RectorNew York Court of Chancery · 1838
3Cited by14 opinions
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Burrus v. CookSupreme Court of Missouri · 1908
- St. Louis Gas-Light Co. v. City of St. LouisMissouri Court of Appeals · 1881
- Boyce v. ChristySupreme Court of Missouri · 1870
- Cheltenham Fire-Brick Co. v. CookSupreme Court of Missouri · 1869
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