Smith ex rel. Cabiness v. White
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. RichardEield, Judge. The court erred in not sustaining the demurrer to the-petition; it stated a good cause of action. A. 0. Cabiness and Lizzie Collier were not joint obligees. The- - constable was the obligee in the bond, and the two claimants of property were the beneficiaries, and either one injured could sue alone without joining the other, pro-, vided the one suing is the sole owner of the property for which suit is brought.
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Appeal from the Pettis Circuit Court. — Hon. RichardEield, Judge. The court erred in not sustaining the demurrer to the-petition; it stated a good cause of action. A. 0. Cabiness and Lizzie Collier were not joint obligees. The- - constable was the obligee in the bond, and the two claimants of property were the beneficiaries, and either one injured could sue alone without joining the other, pro-, vided the one suing is the sole owner of the property for which suit is brought. State to use v. Leutzingei\ 41 Mo. 498; Johnson v. True,. 25 Mo. App. 451; Levering v. Sehnell, 78 Mo. 169; State to…
1Opinion of the CourtEllison, J.
There was a demurrer to the petition in this cause, which, being sustained, plaintiff refused to amend and appealed to this court.
The action is based on an indemnifying bond given to a constable by a plaintiff in an execution as provided in section 6311, Revised Statutes, 1889. The constable levied upon personal' property as belonging to the defendant in the execution, when the plaintiff interposed her claim to the property. This claim, as set out in the petition, was informal, in that it omitted some material matters required by the statute. Prom this it is urged in support of the demurrer…
2Cases cited9 opinions
- Bradley v. HollowaySupreme Court of Missouri · 1859
- Cross v. WilliamsSupreme Court of Missouri · 1880
- Eichelmann v. WeissMissouri Court of Appeals · 1879
- State ex rel. Goldsall v. WatsonSupreme Court of Missouri · 1860
- State ex rel. Young v. HesselmeyerSupreme Court of Missouri · 1863
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3Cited by1 opinion
- North St. Louis Planing Mill Co. v. EssexMissouri Court of Appeals · 1911