State ex rel. Dillard v. Johnson
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. The answer of defendants, in addition to the plea in estoppel, contains a general denial of all the allegations in plaintiff’s petition; and even, if the jurisdiction of the justice of the peace before whom the case of Turner, assignee, etc., v. Johnson & Demming had been properly pleaded, under the pleadings it was incumbent on plaintiff to show for what amount said justice rendered judgment in favor of…
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Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. The answer of defendants, in addition to the plea in estoppel, contains a general denial of all the allegations in plaintiff’s petition; and even, if the jurisdiction of the justice of the peace before whom the case of Turner, assignee, etc., v. Johnson & Demming had been properly pleaded, under the pleadings it was incumbent on plaintiff to show for what amount said justice rendered judgment in favor of the plaintiff in said cause. Robinson v. Jones, 71 Mo. 582; Etz v. Wheeler, .23 Mo. App. 449. * * * It follows, from…
1Opinion of the CourtRiggs, J.
This is an action on the bond of A. P. Johnson, constable of Salt River township, in Audrain county. The substance of the action as stated in the petition and shown by the evidence is, that the relator instituted an attachment suit before a justice of the peace upon a demand of $177 against the firm of Elliott & McNama; that certain property was attempted to be levied upon under the writ of attachment and was afterward sold by Johnson to whom the writ was delivered; that the attachment was sustained and final judgment was rendered in the action; that subsequently Elliott & McNama made an…
2Cases cited7 opinions
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Eans' Adm'r v. Exchange BankSupreme Court of Missouri · 1883
- Dillon v. HuntSupreme Court of Missouri · 1884
- Lycett v. WolffMissouri Court of Appeals · 1891
- Robertson v. CokerSupreme Court of Alabama · 1847
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