Jones v. State ex rel. Blow
Supreme Court of Missouri
Appeal from the Cole Circuit Court. For the reversal of the judgment, the counsel for the appellants will insist in argument upon the following points and authorities: 1st. In order to give validity to a bond or other deed, there must be a delivery and acceptance thereof. 2d. This is a statute bond, and the acceptance thereof can only be in the mode prescribed by the statute ; and if there be no such acceptance, the bond is void. 3d.
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Appeal from the Cole Circuit Court. For the reversal of the judgment, the counsel for the appellants will insist in argument upon the following points and authorities: 1st. In order to give validity to a bond or other deed, there must be a delivery and acceptance thereof. 2d. This is a statute bond, and the acceptance thereof can only be in the mode prescribed by the statute ; and if there be no such acceptance, the bond is void. 3d. The statute concerning constables, requires bonds of this description, when given in vacation, to be approved or rejected by the clerk ; and when taken by the…
1Opinion of the Court
Opinion of the Court by
Tompkins, Judge.
This was an action instituted in the name of the State of Missouri, to the use of Blow, in a justices’ court, against Jones, Miller, arid Paulsel, on a writing alleged to be Jones’ official bond, as constable, for his failing to make return of an execution delivered tp him as constable, to be executed. Upon the trial in the justices’ court, judgment was given against the defendants, and they removed the cause by appeal into the circuit court of Cole county. In that court the following case was agreed on by the parties, viz: That Jones was elected…
2Cited by9 opinions
- State Ex Rel. Wallace v. CallowMontana Supreme Court · 1927
- McCracken v. ToddSupreme Court of Kansas · 1862
- Tappy v. State ex rel. ErvinSupreme Court of Florida · 1955
- Fire Ass'n v. RubyNebraska Supreme Court · 1900
- Irwin v. Crook & BemanSupreme Court of Colorado · 1891
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