Crigler v. Quarles
Supreme Court of Missouri
APPEAL from Howard Circuit Court. 1st. The Court erred in striking out the plea of Nil debit, filed by the said appellants to the-declaration, because the suit was brought upon a Sheriff’s bond — which was only the inducement ■ to the action, and therefore Nil debit was a good plea, and should not have been stricken out by the Court. See 1st Chitty’s Pleadings, 518. See also 11 Johnson’s Rep. 414. See Revised Code of 1835, on penal bonds. 2nd.
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APPEAL from Howard Circuit Court. 1st. The Court erred in striking out the plea of Nil debit, filed by the said appellants to the-declaration, because the suit was brought upon a Sheriff’s bond — which was only the inducement ■ to the action, and therefore Nil debit was a good plea, and should not have been stricken out by the Court. See 1st Chitty’s Pleadings, 518. See also 11 Johnson’s Rep. 414. See Revised Code of 1835, on penal bonds. 2nd. The Court erred in permitting the execution set out in the bill of exceptions to be read in evidence, because it contained no return day, and because…
1Opinion of the CourtMcBride, J.
This was an action of debt on the -official bond of the appellant, Crigler, late Sheriff of Howard County, to recover the amount of an execution issued from the office of the Clerk of the Cooper Circuit Court, in 'favor of Quarles, and against Isaac N. Bernard, and placed in the hands ■of the late Sheriff-of Howard County for collection.
The declaration assigned several breaches, amongst others the failure -of the said Sheriff to return said execution in obedience to the command 'therein. The defendants below filed two pleas, non est factum and. nil ■rlebit. Issue was taken on the first plea,…
2Cases cited2 opinions
- Bradford v. RossCourt of Appeals of Kentucky · 1813
- Brents v. SthalCourt of Appeals of Kentucky · 1814
3Cited by1 opinion
- Boone County Lumber Co. v. NiedermeyerMissouri Court of Appeals · 1915