Bullene v. Smith
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Joseph Cravens, Judge. A fraudulent conveyance and a fraudulent disposition of property do not mean the same thing in the attachment law. How far proof of the one would establish the other would depend entirely on circumstances outside of the conveyance. Fraudulent disposition is something akin to fraudulent concealment or removal, ani is placed in the same category. The statute has very carefully classified the grounds of attachment.
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Appeal from Jasper Circuit Court. — Hon. Joseph Cravens, Judge. A fraudulent conveyance and a fraudulent disposition of property do not mean the same thing in the attachment law. How far proof of the one would establish the other would depend entirely on circumstances outside of the conveyance. Fraudulent disposition is something akin to fraudulent concealment or removal, ani is placed in the same category. The statute has very carefully classified the grounds of attachment. There is no necessary relation between a fraudulent conveyance and fraudulent disposition, because the statute has made…
1Opinion of the CourtRay, J.
This was a suit by attachment in the circuit court of Jasper county, Missouri, instituted by the respondents against the appellants, and made returnable to the March term, 1876. ■ The petition, which is in the ordinary form, was filed October the 19th, 1875, and is based on five promissory notes dated October 14th, 1875, due one day after date, and aggregating $703.66.
On October 20th, 1875, respondents, by their agent, R. E. Watson, filed an affidavit for an attachment against appellant, Cyrus Smith, in said cause, which, after stating the amount of the demand in the usual form, proceeds as…
2Cases cited5 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Edens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Buffington v. Atlantic & Pacific R. R.Supreme Court of Missouri · 1876
- Field v. LivermanSupreme Court of Missouri · 1852
3Cited by17 opinions
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Weil v. PostenSupreme Court of Missouri · 1883
- Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
- J. M. Carey & Brother v. City of CasperWyoming Supreme Court · 1950
- Douglass v. CissnaMissouri Court of Appeals · 1885
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