Jasper County v. Chenault
Supreme Court of Missouri
Appeal from Jasper Circuit Court. It was error for the court to quash the writ, and the suit, when only a portion of the defendants joined in the motion, this being a suit for a tort. The county was not bound to file a bond as an individual.
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Appeal from Jasper Circuit Court. It was error for the court to quash the writ, and the suit, when only a portion of the defendants joined in the motion, this being a suit for a tort. The county was not bound to file a bond as an individual. A suit by attachment ought not to be dismissed for any insufficiency in the bond until the court has given time and the plaintiff has failed to file a new bond — R. C. 1855, p. .242, § 9 ; 10 Mo. 380. The judgment in this case should be reversed and the cause remanded, with leave to the plaintiff to file an amended bondj if indeed the county is regarded…
1Opinion of the CourtHolmes, Judge
In this case the attachment writ was quashed, and the suit dismissed, on motion of some of the defendants, for the reason, as alleged, that no attachment bond had been filed by the plaintiff before the said writ was issued. It appears that a bond had been filed, executed only by the plaintiff by her attorney, the blanks left for the names-of the sureties having never been filled up, and no person having signed the.bond as surety. The circuit attorney filed his motion to set aside the order dismissing the suit, and the case comes up by appeal.
The statute provides that if the bond given be…
2Cases cited1 opinion
- Tevis v. HughesSupreme Court of Missouri · 1847
3Cited by2 opinions
- Claflin v. HooverMissouri Court of Appeals · 1886
- R. L. McDonald & Co. v. E. Fist & Co.Supreme Court of Missouri · 1873