State ex rel. Weaver v. Weaver
| Decision Date | 20 June 1887 |
| Citation | 4 S.W. 697,92 Mo. 673 |
| Parties | The State ex rel. Weaver v. Weaver, Executrix, et al., Appellants |
| Court | Missouri Supreme Court |
Original Opinion of October Term, 1887, Reported at: 92 Mo. 673.
On motion for rehearing.
The motion for rehearing herein is overruled. The order, remanding this cause and directing judgment to be entered in the circuit court, is set aside, and under the power vested in this court, by section 3776, Revised Statutes, 1879, it is ordered that judgment be entered here in favor of respondent, against appellants, for the sum of three thousand dollars, the penalty of the bond sued on, to be satisfied upon the payment of the sum of $ 2,503.28, with six per cent. interest thereon from the date of the rendition of the judgment in the circuit court, and that execution issue accordingly, and that appellants recover the costs of their appeal and have judgment and execution therefor. All concur.
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In re Switzer
...they can only make the same defenses as the principal. Hughart v. Spratt, 78 Ky. 313; State ex rel. v. Judge, 22 La. Ann. 115; State ex rel. v. Weaver, 92 Mo. 673; Taylor Hunt, 34 Mo. 208. (k) The sureties are bound by the admissions of the principal made in due course of business. Blaif v.......
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...action. ""State to use v. Drury, 36 Mo. 281; ""State to use v. Berning, 74 Mo. 87; ""Eichelberg v. Gross, 42 Ohio St. 549; ""State ex rel. v. Weaver, 92 Mo. 673. (3) court erred in the instruction defining solvency. ""State ex rel. v. Koontz, 83 Mo. 323; 11 Am. and Eng. Encyclopedia of Law,......
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State v. Richardson
...of Renfro, Adm'r, v. Price, 17 Mo. 431, which had not been called to our attention. Since granting the rehearing, the case of State ex rel. v. Weaver, 92 Mo. 673, been published, which fully sustains the position taken by us. That case, like this, was against the guardian's sureties, and th......