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GENTRY v. STATE OF MISSOURI

No. 8174.

32 F.2d 159 (1929)

GENTRY, Sheriff, et al., v. STATE OF MISSOURI, ex rel. and to Use of BUTLER.

Circuit Court of Appeals, Eighth Circuit.

March 29, 1929.

Attorney(s) appearing for the Case

Frank M. Lowe and Henry L. Jost, both of Kansas City, Mo., for plaintiffs in error.

Charles E. Whittaker, of Kansas City, Mo. (I. N. Watson and G. C. Weatherby, both of Kansas City, Mo., on the brief), for defendant in error.

Before VAN VALKENBURGH and BOOTH, Circuit Judges, and MUNGER, District Judge.

BOOTH, Circuit Judge.

This is a writ of error to a judgment rendered in an action against a sheriff on his official bond. The facts leading up to the judgment are substantially as follows: In September, 1910, Jennie M. Butler commenced an action against H. H. Temple in the state circuit court of Jackson county, Mo. The action remained pending until December 3, 1915, when it was dismissed for want of prosecution. During the same term, on December 7, 1915, a motion...

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