Marney v. State ex rel. Vance
Supreme Court of Missouri
EBBOB TO BOONE CIPCÜIT COTJBT. 1. By tlie terms of the bond sued on, the defendants only bound themselyes for the faithful performance of certain duties, specified to be performed by the said sheriff, Hamilton, in the condition of their said bond, for the term of two years, and until bis successor in office should be elected and qualified ; and that as such securities they have a right to stand upon the very terms of their contract. Miller v. Stuart, 9 Wheat. 680 ; 5 Cond.
Read the full summary
EBBOB TO BOONE CIPCÜIT COTJBT. 1. By tlie terms of the bond sued on, the defendants only bound themselyes for the faithful performance of certain duties, specified to be performed by the said sheriff, Hamilton, in the condition of their said bond, for the term of two years, and until bis successor in office should be elected and qualified ; and that as such securities they have a right to stand upon the very terms of their contract. Miller v. Stuart, 9 Wheat. 680 ; 5 Cond. XT. S. R. 720, 727 ; United States v. Kirkpatrick et al. 5 Cond. R. 788; 2 Pick. 284-5, Boston Manufacturing Hat Company…
1Opinion of the CourtBirch, J.
Vance, using the name of the State, sued Mamey and others upon the official bond of Hamilton, as sheriff of Boone county. It appears that on the 13th of August, 1841, a judgment in partition was rendered in the Boone Circuit Court, and that at the December term of the same year, an order was made directing the sheriff to sell the land at the April term then next ensuing, upon a credit of 6, 12 and 18 months, and to make conveyances upon the payment of the purchase-money. The sheriff made the sale accordingly, during his first term, but collected the money, in part, and reported his…
2Cited by5 opinions
- The People v. . VilasNew York Court of Appeals · 1867
- Hughes v. Board of Com'rs of Oklahoma CountySupreme Court of Oklahoma · 1915
- State ex rel. Pace v. McCormackSupreme Court of Missouri · 1872
- United States v. McCartneyU.S. Circuit Court for the District of Massachusetts · 1880
- State ex rel. Bay v. HolmanMissouri Court of Appeals · 1902