State ex rel. Blair v. Pitman
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — New. Howard Gray, Judge. (1) There is no bill of exceptions, but we are entitled to have this court pass upon our objection that the petition does not state facts sufficient to constitute any cause of action. The answer directly raises the question.
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Appeal from Jasper Circuit Court. — New. Howard Gray, Judge. (1) There is no bill of exceptions, but we are entitled to have this court pass upon our objection that the petition does not state facts sufficient to constitute any cause of action. The answer directly raises the question. R. S. 1899, sec. 602. (2) The parties to a bond (not executed for the benefit of the general public, but for the benefit of specific persons), are those named therein; and the nominees only can maintain suits for breaches thereof. Dayton v. Warne, 43 N. J. Law, 659; Township v. Hull, 1 Atl. 492; Sister Mary…
1Opinion of the CourtJohnson, J.
Action on an attachment bond. Relator alleges in his petition that some time before the *302writ of attachment was issued and levied, he sold certain personal property owned by him and used in and about a mine in Jasper county to O. H. Elmore for twelve hundred dollars, the sale being made on credit. Defendant Pitman brought suit by attachment in the circuit court of Jasper county against the Chicago-Joplin Lead & Zinc Co., a corporation, on a demand of fourteen hundred sixty-nine and eighty-seven one-hundredths dollars, filed the bond on which the present suit is founded and caused a writ of…
2Cases cited4 opinions
- State ex rel. Peters v. KochSupreme Court of Missouri · 1871
- Pitman v. Chicago Lead Co.Missouri Court of Appeals · 1902
- Smith ex rel. McElhaney v. RogersMissouri Court of Appeals · 1903
- Pitman v. Chicago-Joplin Lead & Zinc Co.Missouri Court of Appeals · 1905
3Cited by1 opinion
- State Rel. Stevenson v. American SuretyMissouri Court of Appeals · 1934