State ex rel. Chester, Perryville & Ste. Genevieve Railway Co. v. Turner
Supreme Court of Missouri
Appeal from Mississippi Circuit Court — Hon. Frank Kelly, Judge. (1) The sureties guaranteed that the clerk would perform the duties of his office “according to law,” but they did not guarantee that he would perform-them “according to the rules and customs of courts of last resort.”
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Appeal from Mississippi Circuit Court — Hon. Frank Kelly, Judge. (1) The sureties guaranteed that the clerk would perform the duties of his office “according to law,” but they did not guarantee that he would perform-them “according to the rules and customs of courts of last resort.” A law is an act, enactment, ordinance, or statute, prescribed by the legislative power, as opposed to rules of civil conduct deduced from the customs of the people, or .judicial precedents. 25 Cyc. 164; Brinckerhoff v: Bostwick, 99 N. Y. 185; Lycoming v. Wright, 60 Vt. 515; State v. Tingey, 24 Utah, 225; Phelps v.…
1Opinion of the CourtBond, J.
stat-»m'it — I. The suit of Béan Callier against the Chester, Perryville & Ste Genevieve Bailway Company for- personal injuries was tried in the circuit court of Dunklin County, of which Bert Turner was clerk, and judgment rendered against the defendant railway company, was by the St. Louis Court of Appeals upon a consideration only of the record proper, and thereupon paid' by the said railroad, which now seeks redress on the clerk’s official bond because of his failure properly to file the bill of exceptions, which negligence and failure of duty, it is alleged, deprived it of its right to…
2Cases cited1 opinion
- Callier v. Chester, Perryville & Ste. Genevieve Railway Co.Missouri Court of Appeals · 1911
3Cited by4 opinions
- Carter v. BurnsSupreme Court of Missouri · 1933
- Ferguson v. LongSupreme Court of Missouri · 1937
- Harris v. Missouri Pacific RailroadSupreme Court of Missouri · 1938
- State v. BrubakerSupreme Court of Missouri · 1944