Legal Opinion

City of St. Joseph v. Wyatt

Supreme Court of Missouri

Decided May 17, 1918PublishedCited by 6 opinions

Appeal from Buchanan Circuit Court. — lion. Thomas B. Allen, Judge. The court erred in holding that the three-year Statute of Limitations did not apply in this case and in refusing defendant’s instruction which so declared. Secs. 1890, 8582-4, R. S. 190:9; Shelby County v. Bragg, 135 Mo. 291; Adams v. G-ossom, 228 Mo. 566; State ex rel. v. Yates, 231 Mo. 276; Johnson v. United Railways, 243 Mo. 278 ; Putnam County y.

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Appeal from Buchanan Circuit Court. — lion. Thomas B. Allen, Judge. The court erred in holding that the three-year Statute of Limitations did not apply in this case and in refusing defendant’s instruction which so declared. Secs. 1890, 8582-4, R. S. 190:9; Shelby County v. Bragg, 135 Mo. 291; Adams v. G-ossom, 228 Mo. 566; State ex rel. v. Yates, 231 Mo. 276; Johnson v. United Railways, 243 Mo. 278 ; Putnam County y. Johnson, 259' Mo. 73; State ex rel. v. Harter, 188 Mo. 516; State ex rel. v. Stonestreet, 92 Mo. App. 214. The three year Statute of Limitations does not apply in this case…

1Opinion of the Court

RAILEY, C.

On September 2, 1914, plaintiff, a city of the first class, sued George H. Wyatt, the United States Fidelity & Guaranty Company and the American Fidelity Company, to recover of Wyatt, as treasurer of the city of St. Joseph, and said companies as sureties on his official bonds, an alleged shortage of $30,341.51. The case was disposed of by the trial court as a proceeding in equity. Hon. L. A. Vories was appointed *568master in chancery to hear the evidence, and report his findings of fact and conclusions of law. After hearing the testimony the master made his report to the court, which…

2Cases cited6 opinions

  1. Wood v. CarpenterSupreme Court of the United States · 1879
  2. Buckner v. CalcoteMississippi Supreme Court · 1855
  3. State ex rel. Bell v. YatesSupreme Court of Missouri · 1910
  4. State ex rel. School District v. HarterSupreme Court of Missouri · 1905
  5. Cole v. McGlathrySupreme Judicial Court of Maine · 1832

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Scanlon v. Kansas CitySupreme Court of Missouri · 1930
  2. State Ex Rel. County of Buchanan v. FulksSupreme Court of Missouri · 1922
  3. Maryland Casualty Co. v. Kansas CityCourt of Appeals for the Eighth Circuit · 1942
  4. State ex rel. Buchanan County v. RoachMissouri Court of Appeals · 1977
  5. Foster v. PetreeMissouri Court of Appeals · 1940

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