State ex rel. Moutrey's Adm'rs v. Muir
Supreme Court of Missouri
Error to Jackson Circuit Court. This was an action against the securities in a constable» bond, for failure to return an'execution and pay over money collected under it.
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Error to Jackson Circuit Court. This was an action against the securities in a constable» bond, for failure to return an'execution and pay over money collected under it. The bond was conditioned that Presley Muir should “ serve all process to him directed and delivered:,, pay over all moneys by him collected, and in all other respects well and truly do and perform,' all and singular, the duties that now are or may be enjoined upon him by law to do and perform as constable of Kaw township.” The cause was tried by the court without a jury, and the following facts found: Muir was in August,…
1Opinion of the CourtScott, Judge
1. The plaintiff moved for a review of the finding of the eourt ¡below, but we do not deem it necessary to revise the action of the court in that matter; for taking the facts as found, the judgment for the defendants was not warranted by law.
If the principal in the bond would be liable for the act of the ■deputy, the rule is not perceived on which the sureties would be ■ discharged. The surety in an obligation is bound to the same • extent thereby as the principal. If this was a proceeding .against the constable for unlawfully exercising his office, or if -the constable was plaintiff,…
2Cited by6 opinions
- Rich and Hahn v. Graybar Elec. Co.Texas Supreme Court · 1935
- Powell v. Fidelity & Deposit Co.Court of Appeals of Georgia · 1932
- State v. DierbergerSupreme Court of Missouri · 1886
- People v. CradlebaughCalifornia Court of Appeal · 1914
- Bennett v. State ex rel. Lincoln CountyMississippi Supreme Court · 1880
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