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Meier v. Lester

Meier, in Error v. Lester & Krum, in Error

Meier v. Lester, 21 Mo. 112 (1855)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
March 15, 1855
Judges
Leonard
Citations
21 Mo. 112
Headnotes
1. Under the practice act of 1849, a suit upon an official bond given to the state must he brought in the name of the state, as the trustee of an express trust. (State v. Moore, 19 Mo. Eep. 369, affirmed.)
Summary
Error to St. Louis Court of Common Pleas. This was an action brought in the name of Meier, upon a constable’s bond given to the state. The breach of the condition was alleged in the petition to consist in a seizure and sale by the constable of property of the plaintiff, which was by law exempt from execution. A demurrer to the petition was sustained by the court below, and the plaintiff appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Leonard

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Leonard, Judge.

This judgment must be affirmed, according to the case of the State v. Moore, ( 19 Mo. Rep. 369 ,) where it is holden that the suit upon the official bond of an officer, given to the state, must be in the name of the state, as the trustee of an express trust, within the meaning of our new practice aet. Judgment affirmed accordingly.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1878–1879: 11976–1977: 118782026peak 1878 · 1

Relies on it most ⓘ

  1. State ex rel. Mather v. Carnes551 S.W.2d 272 (Mo. Ct. App. 1977)
  2. State ex rel. Saline County v. Sappington68 Mo. 454 (1878)

Most recent

  1. State ex rel. Mather v. Carnes551 S.W.2d 272 (Mo. Ct. App. 1977)
  2. State ex rel. Saline County v. Sappington68 Mo. 454 (1878)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State ex rel. Russell v. Moore, 19 Mo. 369 (1854) 25

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