Smith ex rel. McElhaney v. Rogers
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. H. G. Pepper, Judge. (1) Defendants were liable upon their indemnity bond, under section 423, Revised Statutes 1899. Kessler v. Gold Spring Distilling Co., 72 Mo. App. 573; Flint v. Young, 70 Mo. 221; Palmer v. Shenkel, 50 Mo. App. 571; Rebmon v. Durant, 53 Mo.. App. 493; Cabinet v. White, 48 Mo. App. 404; Rivercomb v. Durlcet, 74 Mo. App. 570. And appellant had no other remedy.
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Appeal from Newton Circuit Court. — Hon. H. G. Pepper, Judge. (1) Defendants were liable upon their indemnity bond, under section 423, Revised Statutes 1899. Kessler v. Gold Spring Distilling Co., 72 Mo. App. 573; Flint v. Young, 70 Mo. 221; Palmer v. Shenkel, 50 Mo. App. 571; Rebmon v. Durant, 53 Mo.. App. 493; Cabinet v. White, 48 Mo. App. 404; Rivercomb v. Durlcet, 74 Mo. App. 570. And appellant had no other remedy. (2) Even if this action were not authorized under section 423, Revised Statutes 1899, defendants would be liable at common law upon the indemnity bond for damages to plaintiff,…
1Opinion of the CourtGoode, J.
John A. Rogers, one of the respondents, instituted an action -of attachment before a justice of the peace in Newton county, against James Lewis. *255A. writ of attachment was issued and levied by the appellant, J ohn H. Smith, at that time constable of the township, on a certain boiler and engine and nothing else. Constructive service was had on Lewis and the action proceeded to a special judgment in favor of Rogers against’ the property attached. A special execution was issued and delivered to the constable, whereupon a notice verified by affidavit was served on him by Benjamin Eiseman, who…
Also in this document: Concurrence.
2Cases cited15 opinions
- Barnes ex rel. Hayes v. WebsterSupreme Court of Missouri · 1852
- Moore v. AppletonSupreme Court of Alabama · 1855
- State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
- Kick v. MerrySupreme Court of Missouri · 1856
- State ex rel. O'Bryan v. KoontzSupreme Court of Missouri · 1884
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3Cited by3 opinions
- Smith ex rel. McElhany v. RogersSupreme Court of Missouri · 1905
- Nations v. BeardMissouri Court of Appeals · 1924
- State ex rel. Blair v. PitmanMissouri Court of Appeals · 1908