Gathwright v. Callaway County
Supreme Court of Missouri
APPEAL from Callaway Circuit Court. 1. The action is brought in favor of two corporations, which, by statute, nor general law, can join in action; this is not obviated by reason of a bond executed to such obligees; the law vests the right in the county, and she should sue; the State has no right under the contract; and when she cannot contract, she cannot sue. 2. The bond, though thus informal, is a statutory bond, and the suit and proceedings, and construction of the…
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APPEAL from Callaway Circuit Court. 1. The action is brought in favor of two corporations, which, by statute, nor general law, can join in action; this is not obviated by reason of a bond executed to such obligees; the law vests the right in the county, and she should sue; the State has no right under the contract; and when she cannot contract, she cannot sue. 2. The bond, though thus informal, is a statutory bond, and the suit and proceedings, and construction of the contract, must be in conformity to the statute. 3. The demurrer should have been sustained also, for there is no averment of…
1Opinion of the CourtScott, J.
This is an action of debt on a bond executed under the statute concerning bridges, conditioned to build and keep in repair for four years a bridge across the river Aux Vaux, in Callaway county. .The style of the suit was Callaway county and State of Missouri vs. Alexander Hord and Mat. W. Gathwright, and it abated by death as to Hold. The declaration used the plural number, showing that both the county and State sued. The bond was payable to “Callaway county and State of Missouri.” A demurrer was filed to the declaration, which was overruled, and after-wards a judgment by default was taken.…
2Cited by10 opinions
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
- Commissioners of Jefferson County v. LinebergerMontana Supreme Court · 1878
- State ex rel. Lafayette County v. O'GormanSupreme Court of Missouri · 1882
- Belch v. MillerMissouri Court of Appeals · 1888
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