County of Montgomery v. Auchley
Supreme Court of Missouri
Error to Montgomery Circuit Court. — Hon. Elijah Robinson, Judge. (1) The trial court committed error in sustaining the general demurrer. The demurrer ought to be special unless the objection is fatal to plaintiff’s case, as well as to the petition.
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Error to Montgomery Circuit Court. — Hon. Elijah Robinson, Judge. (1) The trial court committed error in sustaining the general demurrer. The demurrer ought to be special unless the objection is fatal to plaintiff’s case, as well as to the petition. R. S., secs. 3515, 3516; Almett v. Leper, 48 Mo. 319; McC lurg v. Phillips, 49 Mo. 315 ; Morgan v. Bouse, 53 Mo. 219. (2) Auchley was liable on the bond, as it was agreed at the time of making the contract that Auchley was to be obtained as additional security. The statutes in force were a part of the contract. (3) Bachman was not released because…
1Opinion of the CourtBlack, J.
This suit is based upon a bond executed by Hildebrandt, Bachman, and Gfliser, dated N ovember 25, 1868, by which the obligors promised to pay to the county for the use of the school fund of a designated school township, three hundred and thirty dollars, on or before the first of January then next ensuing, with ten per cent, interest. The bond contains the following additional stipulations : “ And in case of default in the payment of the interest, or failure in the principal in this bond to give additional security, when thereto lawfully required, then the principal and interest shall become…
2Cases cited6 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- McMahan v. GeigerSupreme Court of Missouri · 1880
- Williams' Admr. v. WilliamsSupreme Court of Missouri · 1878
- Taylor v. NewmanSupreme Court of Missouri · 1883
- Pfeiffer v. KingslandSupreme Court of Missouri · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Macfarland v. HeimSupreme Court of Missouri · 1895
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- Piner v. . BrittainSupreme Court of North Carolina · 1914
- Houck v. FrisbeeMissouri Court of Appeals · 1896
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1932
22 more not listed; retrieve them via the Exa API.