Henoch v. Chaney
Supreme Court of Missouri
Appeal from Pettis County Circuit Court. I. The statnte authorized Brainard, as special constable, to take and approve the instrument sned on, and the sureties are liable thereon. (Wagn. Stat., 815. § 20; Gen. Stat., 1865, § 20, p. 702; R. C. 1855, § 20, p. 933.) II.
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Appeal from Pettis County Circuit Court. I. The statnte authorized Brainard, as special constable, to take and approve the instrument sned on, and the sureties are liable thereon. (Wagn. Stat., 815. § 20; Gen. Stat., 1865, § 20, p. 702; R. C. 1855, § 20, p. 933.) II. But if the statute did not authorize the appointment of the special constable, yet the sureties are liable nevertheless, their principal, Duckworth, having requested and procured the appointment of said special constable, and Laving obtained the benefits to the same extent as if the order of delivery had been executed by the…
1Opinion of the CourtSherwood, Judge
Action on an instrument in the nature of a replevin bond taken in the sum of $1.20 by a special constable, in a suit before a justice of the peace. The defendant was one of the sureties on that instrument, and successfully demurred to the petition which assigned breaches thereof.
I
Section 20 of chapterl78, Gen. Statutes, authorizes a justice of the peace, upon being satisfied that “ any process authorized by this chapter” will not be executed for want of an officer to be had in time to execute the same, to empower any suitable person to execute such process by a return thereon, indorsed to the…
2Cases cited5 opinions
- Barnes ex rel. Hayes v. WebsterSupreme Court of Missouri · 1852
- Boyce v. ChristySupreme Court of Missouri · 1870
- Martin v. KnappSupreme Court of Missouri · 1869
- McDermott v. DoyleSupreme Court of Missouri · 1848
- Wimer v. BrothertonSupreme Court of Missouri · 1841
3Cited by25 opinions
- Scanlon v. Kansas CitySupreme Court of Missouri · 1930
- Knisely v. LeatheSupreme Court of Missouri · 1914
- Burrus v. CookSupreme Court of Missouri · 1908
- Fletcher v. WearSupreme Court of Missouri · 1884
- State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
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