Moore v. Title Guaranty & Trust Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Row. Jas. E. Goodrich, Judge. (1) The court erred in sustaining defendant’s demurrer to plaintiff’s petition. The appeal having been .taken, and the bond having been given to protect the re- • spondent from the effect of that appeal, the name of the appellate court in said bond is mere recitation, and the words therein “Supreme Court” should be read to mean “proper appellate court.”
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Appeal from Jackson Circuit Court. — Row. Jas. E. Goodrich, Judge. (1) The court erred in sustaining defendant’s demurrer to plaintiff’s petition. The appeal having been .taken, and the bond having been given to protect the re- • spondent from the effect of that appeal, the name of the appellate court in said bond is mere recitation, and the words therein “Supreme Court” should be read to mean “proper appellate court.” The bond should be construed according to its real intention. U. S., etc., Co. v. U. S., 191 IT. S. 416, 426, 48 L. Ed. 242; Robinson v. Slimpton, 25 N. Y. 484; Dowiat v. The…
1Opinion of the CourtJohnson, J.
This is a suit on an appeal bond. Defendant demurred to the petition on the ground that it failed to state facts constituting a cause of action. The demurrer was sustained, plaintiff elected to stand on the petition, judgment was rendered for defendant and plaintiff appealed.
Material facts alleged in the petition are as follows : John McGraw brought suit in the circuit court of Jackson county to recover damages laid at $12,000, sustained by him on account of the conversion of some cattle by defendants. In addition to an answer, defendants filed a counterclaim. A trial to a jury resulted in á…
2Cases cited3 opinions
- Zellars v. National Surety Co.Supreme Court of Missouri · 1908
- Cranor v. ReardonMissouri Court of Appeals · 1890
- Brookshier v. McIlrathMissouri Court of Appeals · 1905
3Cited by5 opinions
- Furst & Furst v. FreelsCourt of Appeals of Tennessee · 1928
- Farmers Bank v. OgdenMissouri Court of Appeals · 1915
- Hill v. KellerMissouri Court of Appeals · 1911
- Maryland Casualty Co. v. Lucky Budge Mining Co.Missouri Court of Appeals · 1916
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921