Garnet v. Rodgers
Supreme Court of Missouri
Error to St. Louis Circuit Court. The recognizance is a record which the defendants have voluntarily made and they are estopped from disputing it. (People vs. Liggett, 5 Barb., 362; G-ildersleeve vs. The People, 10 Barb., 40 ; Adair, et at., vs. The State, 1 Blackf., 200; Me.
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Error to St. Louis Circuit Court. The recognizance is a record which the defendants have voluntarily made and they are estopped from disputing it. (People vs. Liggett, 5 Barb., 362; G-ildersleeve vs. The People, 10 Barb., 40 ; Adair, et at., vs. The State, 1 Blackf., 200; Me. Carty vs. The State, 1 Blaclcf., 338; People vs. Carpenter, 7 Cal.,' 402.) The error complained of is really matter of exception and can only be reviewed here after an unsuccessful motion for a new trial in the Circuit Court. (State vs. Marshall, 36 Mo. 400 ; Bateson vs. Clark, 37 Mo., 31 ; State vs. Matson, 38 Mo. 489 ;…
1Opinion of the Court
Tories,, Judge,
delivered the opinion of the court.
This action is brought in the St. Louis Circuit Court on an appeal bond or recognizance executed before a Justice of the Peace by defendant Rogers, as principal, and the other defendants as his sureties.
The petition charges that plaintiff, on the 24th day of March, 1871, obtained a judgment against defendant Rogers before one McAuliffe, a Justice of the. Peace within and for St. Louis County, for $150 65-100 in an action upon an account. That on the 2nd day of April, 1870, said Rogers appealed said case to the St. Louis Circuit Court, and…
2Cases cited2 opinions
- Adams v. WilsonSupreme Court of Missouri · 1847
- Barnett v. LynchSupreme Court of Missouri · 1834
3Cited by11 opinions
- Clendenning v. Crawford & McLaughlinNebraska Supreme Court · 1878
- Julian v. RogersSupreme Court of Missouri · 1885
- Moore v. DamonMissouri Court of Appeals · 1877
- Brown v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Hessey v. HeitkampMissouri Court of Appeals · 1880
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