Jones v. Jones
Supreme Court of Missouri
Appeal from Franklin Circuit Court. McClure instituted a suit by attachment in the Franklin Circuit Court against one Shafty, in which a certain engine and machine were attached, in which engine and machine it was claimed that Shafty owned one undivided half interest. Under the provisions of § 29, p. 247, R. C. 1856, a bond was given by the defendant for the delivery of the property.
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Appeal from Franklin Circuit Court. McClure instituted a suit by attachment in the Franklin Circuit Court against one Shafty, in which a certain engine and machine were attached, in which engine and machine it was claimed that Shafty owned one undivided half interest. Under the provisions of § 29, p. 247, R. C. 1856, a bond was given by the defendant for the delivery of the property. In a suit upon the bond, the petition averred that the bond was made in the attachment suit — one-half of the engine and the entire machine were adjudged to be the property of Shafty and liable to the attachment…
1Opinion of the CourtFagg, Judge
The respondent, late sheriff of Franklin county, instituted a suit in the Circuit Court of that county against the appellants upon a bond executed by them for the forthcoming oE certain property found in their possession, and which had been attached as the property of one Shafty at the suit of said McClure. The property was retained in the possession of the appellants under the provisions of § 29, art. 1, of the Attachment Law, R. C. 1855.
This action seems to have been brought and tried in the court below upon the theory, that notwithstanding the delivery of the property to the officer, to be…
2Cited by6 opinions
- Yelton v. BeckerMissouri Court of Appeals · 1952
- McDonald v. LoewenMissouri Court of Appeals · 1910
- Tyler v. SaffordSupreme Court of Kansas · 1880
- D. C. Wise Coal Co. v. Columbia Zinc & Lead Co.Missouri Court of Appeals · 1911
- State ex rel. Burton v. McKeonMissouri Court of Appeals · 1887
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