21 Mo. 76 | Mo. | 1855
delivered the opinion of the court.
The difference between this case and that of Walter v. Tabor, is, that there, the recognizance sued upon was the new one entered into in the court below, upon an order of that court requiring a further recognizance with sufficient security to be given “ in addition to” the recognizance already taken ; and that here, the suit is upon the original recognizance. We think it was competent for the court to take
In my opinion, the bond of McSherry was superseded by the bond subsequently given. The court possessed no authority to take bonds in the manner that was practiced in this case.