Greene County ex rel. Sims v. Wilhite
Missouri Court of Appeals
Appeal from the Greene Circuit Court, IIon. O. IT. Travers, Special Judge. The bond sued on was taken in excess of the amount prescribed by statute, and hence void. Laws of 1883, sec. 2, p. 87; United States n. Gordon & Shopper d, 1 Brock. 190. Statutory bonds must be strictly construed and strictly pursued. 3 Call. 421; 2 Chitty’s ■Pleading, 478; Penlen v. Bur son, 1 Lord Raymond, 349 ; Collins v. Blantern, 2 Wilson, -347; Morange r.
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Appeal from the Greene Circuit Court, IIon. O. IT. Travers, Special Judge. The bond sued on was taken in excess of the amount prescribed by statute, and hence void. Laws of 1883, sec. 2, p. 87; United States n. Gordon & Shopper d, 1 Brock. 190. Statutory bonds must be strictly construed and strictly pursued. 3 Call. 421; 2 Chitty’s ■Pleading, 478; Penlen v. Bur son, 1 Lord Raymond, 349 ; Collins v. Blantern, 2 Wilson, -347; Morange r. Boughton, 21 .Wendell, 57; Williams ¶. Sheeley, 2 Oregon, 144. The penalty in the bond sued on being greater than that prescribed by statute, imposes upon •the…
1Opinion of the CourtRombauer, J.
This is an action upon an instrument purporting to be a dram-shop bond, given under the provisions of section 5440, Revised Statutes, as amended by act, approved March 24,1883. Laws 1883, p. 87. The three defendants first named are sued as principals, and the three defendants last named as their sureties.
The petition contains twenty-two counts. The first thirteen charge the defendant principals with as many different breaches of the bond in December, 1885, and January, 1886, in this, that they sold, or caused or suffered to be sold or given, on their premises, to the relators’ minor son, and…
2Cases cited10 opinions
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Walther v. WarnerSupreme Court of Missouri · 1857
- Town of Kirkwood v. AutenreithMissouri Court of Appeals · 1886
- Grant v. Brotherton's Administrator ex rel. JanneySupreme Court of Missouri · 1842
- Edwards v. BrownSupreme Court of Missouri · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bolivar Reorganized School District No. 1 v. American Surety Co. of New YorkSupreme Court of Missouri · 1957
- New England Loan & Trust Co. v. BrownMissouri Court of Appeals · 1894
- State v. McCanceSupreme Court of Missouri · 1892
- Love v. Central Life InsuranceMissouri Court of Appeals · 1902
- Ex parte AlexanderMissouri Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.