State ex rel. McCracken v. Blackman
Supreme Court of Missouri
Appeal from Stone Circuit Court. If the bond sued on is not a good statutory one, yet it is a good voluntary and common law bond, and the respondent will not be permitted to complain. (State to the use, etc., vs. Berry, 12 Mo., 376; 7 Mo., 458; Barnes vs. Webster 16, Mo., 258.) The breach is well assigned, (12 Mo., 376; Barnes vs. Webster, 16 Mo., 258.) The evidence excluded was competent under the pleadings.
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Appeal from Stone Circuit Court. If the bond sued on is not a good statutory one, yet it is a good voluntary and common law bond, and the respondent will not be permitted to complain. (State to the use, etc., vs. Berry, 12 Mo., 376; 7 Mo., 458; Barnes vs. Webster 16, Mo., 258.) The breach is well assigned, (12 Mo., 376; Barnes vs. Webster, 16 Mo., 258.) The evidence excluded was competent under the pleadings. (Hayden & Smith vs. Sample, 10 Mo., 215 •, State to the use of Poe vs. Thomas, 19 Mo., 613.) The court will grant any relief consistent with the facts stated (Northcraft vs. Martin, 28…
1Opinion of the CourtEwing, Judge
This is a suit on an attachment bond, commenced in the Circuit Court of Greene county and taken by change of venue to the Circuit Court of Stone county. The petition, which is in the usual form, sets out by proper averments the attachment bond with its conditions, and assigns as a breach thereof that the defendant failed to prosecute said suit with effect, but that he voluntarily dismissed the same. Then follows the averment that by means of the premises and breach of the bond as aforesaid, the plaintiff has been injured and has sustained damages in the sum of four thousand dollars. The…
2Cited by7 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Bartley ex rel. Bartley v. TrorlichtMissouri Court of Appeals · 1892
- Barrett v. Western Union Telegraph Co.Missouri Court of Appeals · 1890
- Pannell v. AllenMissouri Court of Appeals · 1912
- Dooley v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
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