Seaman v. Paddock
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Defendants’ bond bound them to pay the execution debt, or render in execution all the property of Paddock seized or liable to seizure under the execution. Revised Statutes, sec. 4968. They stand ini Paddock’s shoes. McFall v. Dempsey, 43 Mo. App. 374; Mill Dam Foundry v. Sovey, 21 Pick. 443; 3 American and English Encyclopedia of Law, 900, 903, 907, and notes.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Defendants’ bond bound them to pay the execution debt, or render in execution all the property of Paddock seized or liable to seizure under the execution. Revised Statutes, sec. 4968. They stand ini Paddock’s shoes. McFall v. Dempsey, 43 Mo. App. 374; Mill Dam Foundry v. Sovey, 21 Pick. 443; 3 American and English Encyclopedia of Law, 900, 903, 907, and notes. (2) Performance of the second condition has become impossible without the fault of the obligee, and defendant’s liability to perform the first condition is…
1Opinion of the CourtSmith, P. J.
This was a suit on a penal bond, Revised Statutes, section 4968. It appears from the record before us that the plaintiff recovered a judgment against defendant Paddock for $191.80 debt, and $19.45 costs, which were declared to be a lien and special charge upon a certain frame building and structure known as “Kensington Rink,” situate on a certain piece of ground in St. Joseph. It was not against the ground. The purpose of the action was to enforce plaintiff’s claim for a lien for work and labor and materials furnished in improving said rink building. A transcript of said proceedings and…
2Cases cited7 opinions
- Wolf v. MarshCalifornia Supreme Court · 1880
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Dill v. PopeSupreme Court of Kansas · 1883
- Kennedy v. DodsonMissouri Court of Appeals · 1891
- Brown v. HawkinsMissouri Court of Appeals · 1893
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3Cited by2 opinions
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