Whitman Agricultural Ass'n v. National Railway, Electric & Industrial Ass'n
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — IIon. v Henry M. Ramey, Judge.. (1) One of these “essentiáls,” with which there must be a strict compliance, is the furnishing a good and sufficient bond. The bond must be signed by the plaintiff, or some one for him, as principal, and without such signature the signing of the security alone is ineffectual, and the bond is a nullity.
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Appeal from the Buchanan Circuit Court. — IIon. v Henry M. Ramey, Judge.. (1) One of these “essentiáls,” with which there must be a strict compliance, is the furnishing a good and sufficient bond. The bond must be signed by the plaintiff, or some one for him, as principal, and without such signature the signing of the security alone is ineffectual, and the bond is a nullity. If the bond is void (because of the lack of the signature of the principal, or for any other reason) there can be no filing of a new bond nunc pro tuno. Stevenson & Eord v. Bobbins, 5 Mo. 18; The Steamboat Archer v.…
1Opinion of the CourtEllison, J.
— This was an action brought by plaintiff to recover $195, the purchase price of three turnstiles, alleged to halve been bought by defendant of plaintiff in August, 1889. Plaintiff sued out a writ of attachment, on the ground stated in the affidavit, and also in the petition, that the turnstiles were to be paid for on *93•delivery, and that defendant failed to pay for same. The attachment bond was signed by the attorneys of record for plaintiff, in plaintiff’s name, and was not indorsed as approved by the clerk of the court. The sheriff, under the writ, attached the turnstiles, and about four…
2Cases cited2 opinions
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- R. L. McDonald & Co. v. E. Fist & Co.Supreme Court of Missouri · 1873
3Cited by3 opinions
- First National Bank v. GriffithMissouri Court of Appeals · 1916
- Baca v. CouryNew Mexico Supreme Court · 1922
- Schulz v. DahlNorth Dakota Supreme Court · 1911