Wolff v. Schaeffer
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. A proceeding by scire facias to enforce against the surety on a bond a judgment against the principal is an action at law. — Milsap v. Wildman, 5 Mo. 428 ; Humphrey v. Lundy, 37 Mo. 323 ; JBently v. Levier, 1 Hempst. 249 ; Kelly on Scire Facias, 304, 378 ; The State v. Randolph, 22 Mo. 474, 483. And where issues of fact are raised therein, the parties have a right of trial by jury.— Banlc of Missouri v. Anderson, 1 Mo. 244; Vaughan v.…
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Appeal from St. Louis Circuit Court. A proceeding by scire facias to enforce against the surety on a bond a judgment against the principal is an action at law. — Milsap v. Wildman, 5 Mo. 428 ; Humphrey v. Lundy, 37 Mo. 323 ; JBently v. Levier, 1 Hempst. 249 ; Kelly on Scire Facias, 304, 378 ; The State v. Randolph, 22 Mo. 474, 483. And where issues of fact are raised therein, the parties have a right of trial by jury.— Banlc of Missouri v. Anderson, 1 Mo. 244; Vaughan v. Scade, 30 Mo. 600; Brown v. Railway Go., 37 Mo. 299 ; The State, etc., v. Paul, 21 Mo. 51; Wag. Stat. 104, sec. 21. The…
1Opinion of the CourtBaeewell, J.
This was a proceeding on scire facias against appellant, .a surety on the bond of Christian Staehlin as executor of .Louis. Wolff, who was at the time of his death the husband *369■of respondent. Judgment was rendered in the Probate Court for $32,038.32 ; and, on appeal, and trial anew in the •Circuit Court, there was judgment for $27,706, from which defendant appeals.
It appears that Wolff died in 1872, leaving a large estate, •consisting of real estate, notes, and cash. His widow was the principal beneficiary under the will. Amongst other •assets were two notes of Staehlin, the executor,…
2Cases cited5 opinions
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- McCarty v. FrazerSupreme Court of Missouri · 1876
- Humphreys v. LundySupreme Court of Missouri · 1866
- State ex rel. Smith v. Paul'sSupreme Court of Missouri · 1855
- Milsap v. WildmanSupreme Court of Missouri · 1838
3Cited by15 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- Carter v. PriorSupreme Court of Missouri · 1883
- Grand Lodge v. ElsnerMissouri Court of Appeals · 1887
- State v. HoeffnerSupreme Court of Missouri · 1894
- Simpson v. WatsonMissouri Court of Appeals · 1884
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