Zellars v. National Surety Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Shannon G. . Douglass, Judge. (1) There is no liability on the bond because it was conditioned to perform the judgment of the Supreme Court and not that of the Kansas City Court of Appeals. Am. Brew. Co. v. Talbot, 125 Mo. 388; Keaton v. Boughton, 83 Mo.
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Appeal from Jackson Circuit Court. — Hon. Shannon G. . Douglass, Judge. (1) There is no liability on the bond because it was conditioned to perform the judgment of the Supreme Court and not that of the Kansas City Court of Appeals. Am. Brew. Co. v. Talbot, 125 Mo. 388; Keaton v. Boughton, 83 Mo. App. 158; Nofsinger v. Hart-nett, 84 Mo. 549; Lionberger v. Krieger, 88 Mo. 160 ; Bauer v. Cabanne, 105 Mo. 110; Schuster v. Weiss, 114 Mo. 158; Warner v, C. M. L. I. Co., 109 U. S. 357; State ex rel. v. Vogel, 6 Mo. App. 526; Deatherage v. Sheidley, 50 Mo. App. 497; Disk Co. y. Kermis, 79 Mo. App.…
1Opinion of the Court
VALLIANT, J. —
This is a suit on an appeal bond, in which the defendant is surety. In November, 1898, the plaintiff, then a minor, suing by his mother as his natural guardian, recovered a judgment in the Carroll Circuit Court for $4,000 against the Missouri Water and Light Company. An appeal was taken to the Supreme Court by the defendant in that case, who executed this appeal bond in the penalty.of $8,500 with the defendant in this case as surety. While that appeal was pending in this court, the General Assembly, by an act approved March 20, 1901, conferred on the St. Louis Court of Appeals…
2Cases cited8 opinions
- Bauer v. CabanneSupreme Court of Missouri · 1891
- Schuster v. WeissSupreme Court of Missouri · 1893
- American Brewing Co. v. TalbotSupreme Court of Missouri · 1894
- State ex rel. Heckel v. KleinSupreme Court of Missouri · 1897
- Cranor v. ReardonMissouri Court of Appeals · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Curtis v. TozerMissouri Court of Appeals · 1964
- Crawford v. Ozark InsuranceSupreme Court of Arkansas · 1911
- Farmer v. RutherfordSupreme Court of Kansas · 1932
- Hansen v. LindellWashington Supreme Court · 1942
- Levine v. AllenSupreme Court of Oklahoma · 1923
16 more not listed; retrieve them via the Exa API.