State ex rel. Bradshaw v. Sherwood
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.' I. This action is not brought to try the right of the respective parties to the office, but to recover damages for a breach of the official bond of an officer , The only question which could arise in such case, upon a demurrer, is, Hoes the petition show a breach of the conditions of the bond ? If it does, then all other questions which may arise are questions concerning the amount of damages.
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Appeal from Buchanan Circuit Court.' I. This action is not brought to try the right of the respective parties to the office, but to recover damages for a breach of the official bond of an officer , The only question which could arise in such case, upon a demurrer, is, Hoes the petition show a breach of the conditions of the bond ? If it does, then all other questions which may arise are questions concerning the amount of damages. It is admitted by this demurrer that the election was properly held; that the poll-books were properly certified to Sherwood ; that Bradshaw had a majority of the…
1Opinion of the CourtWagner, Judge
This was an. action brought by the plaintiff, in the Buchanan Circuit Court, against the defendants, Sherwood and his securities, on an official bond, alleging a breach of the condition thereof, and claiming special damages.
The petition states that, at the November election, 1866, the plaintiff Bradshaw and John Pinger were candidates for the office of collector of the State and county revenue for Buchanan county, Missouri; that at said election two thousand seven hundred and ninety-seven votes were cast, by the qualified voters of the county, for the said office of collector; that of these…
2Cited by5 opinions
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- Switzler v. RodmanSupreme Court of Missouri · 1871
- De Vigil v. StroupNew Mexico Supreme Court · 1910
- Mullery v. McCannSupreme Court of Missouri · 1888
- Hughlett v. City of WellsvilleMissouri Court of Appeals · 1898