Legal Opinion

State ex rel. Spaulding v. Peterson

Supreme Court of Missouri

Decided May 25, 1897PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Hon» James E. Withrow, Judge. (1) This suit being brought for breaches of the condition of a bond, it was not necessary for appellants to plead the payments made by the constable Peterson to relator. Wheeler & Wilson Mfg.

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Appeal from St. Louis City Circuit Court. — Hon» James E. Withrow, Judge. (1) This suit being brought for breaches of the condition of a bond, it was not necessary for appellants to plead the payments made by the constable Peterson to relator. Wheeler & Wilson Mfg. Co. v. Tinsley, 75 Mo. 458. (2) If it was necessary to plead the payments made by constable Peterson to relator on account of his fees, then it was error in the circuit court to refuse to allow appellants leave to amend their answer, so as to set up such payments, and make their answers conform to the evidence. They asked this in…

1Opinion of the Court

IN DIVISION ONE.

Macfarlane, J.

Relator Spaulding was a justice of the peace in the city of St. Louis from November 8, 1888, to December 1, 1890, during which time defendant Peterson was constable of the same district. As constable said defendant at the beginning of his term gave a bond in the sum of $5,000, with the other defendants as securities. The action is by relator, upon said bond, to recover the full amount of the penalty thereof. The amended petition, upon which the case was tried, contains over one thousand, six hundred counts, and each count charges three separate breaches of the…

Also in this document: Per curiam.

2Cases cited7 opinions

  1. Clark's v. HannibalSupreme Court of Missouri · 1865
  2. McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
  3. Mooney v. KennettSupreme Court of Missouri · 1854
  4. Knapp v. . RocheNew York Court of Appeals · 1884
  5. Kersey v. GartonSupreme Court of Missouri · 1883

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3Cited by16 opinions

  1. Conkling v. . WeatherwaxNew York Court of Appeals · 1905
  2. Wilson v. Miss Hulling's Cafeterias, Inc.Supreme Court of Missouri · 1950
  3. Hubbard v. Estate of HappelMissouri Court of Appeals · 1964
  4. Howerton v. AugustineSupreme Court of Iowa · 1906
  5. Pullis v. SomervilleSupreme Court of Missouri · 1909

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