Switzer v. Carson
Supreme Court of Missouri
APPEAL from Chariton Circuit Court. The appellants rely upon the following points and authorities to reverse the judgment of the circuit court: 1. This being a suit by attachment, and the truth of the affidavit being the true issue submitted for trial, it was right and proper that the plaintiffs should have been allowed to give the jury any evidence tending to show an intent to remove their property for the purposes, and in the manner sworn to in the affidavit.
Read the full summary
APPEAL from Chariton Circuit Court. The appellants rely upon the following points and authorities to reverse the judgment of the circuit court: 1. This being a suit by attachment, and the truth of the affidavit being the true issue submitted for trial, it was right and proper that the plaintiffs should have been allowed to give the jury any evidence tending to show an intent to remove their property for the purposes, and in the manner sworn to in the affidavit. It would be very difficult to show that a defendant was about to remove his property to hinder and delay his creditors, unless the…
1Opinion of the CourtScott, J.
The appellants sued the appellees by attachment in assumpsit. The ground of the attachment was, that the appellees were about to remove their property out of the State, so as to hinder and delay their creditors. The truth of the fact in the affidavit, on which the attachment was founded, was put in issue by the appellees, by a plea in the nature of a plea in abatement.
On the trial it appeared that the appellees were tobacconists, engaged largely in buying, manufacturing and selling tobacco; and that at the time of levying the attachment, they were about to make a large shipment for sale. The…
2Cited by2 opinions
- Kennerly v. ShepleySupreme Court of Missouri · 1852
- Miller v. DoanSupreme Court of Missouri · 1854