Graham v. Bradbury
Supreme Court of Missouri
Error to the St. Louis Circuit Court The reasons assigned by the defendant for quashing the attachment are: 1st. That the claims sued on are debts contracted out of this State, and the affidavit does not show that the debtors, or either of them, absconded or secretly removed their property or effects to this State with intent to defraud, defeat, hinder, or delay their creditors, as required by the statute. 2d.
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Error to the St. Louis Circuit Court The reasons assigned by the defendant for quashing the attachment are: 1st. That the claims sued on are debts contracted out of this State, and the affidavit does not show that the debtors, or either of them, absconded or secretly removed their property or effects to this State with intent to defraud, defeat, hinder, or delay their creditors, as required by the statute. 2d. That the plaintiffs and defendants are both non-residents of the state of Missouri, and are both residents of the city of Cincinnati, in the State of Ohio, and as such the affidavit is…
1Opinion of the Court
*282 Opinion of the Court by
Scott, Judge.
The plaintiffs in error sued the defendants in error by attachment, in October, 1839. The attachment was sued out on an affidavit, in which it was alleged that the defendants were not residents of, nor residing in this State. The affidavit was made in the State of Ohio, and some nine or ten days before the writ issued. The bond for the attachment was executed in this State, and the note sued on is dated Cincinnati.
On the return of the writ the defendants moved the court to quash it, because the claims sued on were debts contracted out of the State, and the…
2Cited by10 opinions
- Baisley v. BaisleySupreme Court of Missouri · 1893
- State Ex Rel. Ferrocarriles Nacionales De Mexico v. RutledgeSupreme Court of Missouri · 1932
- Kesler v. LaphamWest Virginia Supreme Court · 1899
- Adams v. Lockwood, Englehart & Co.Supreme Court of Kansas · 1883
- Avery v. GoodSupreme Court of Missouri · 1893
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