H. S. Burr & Co. v. Frank Mathers & Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. * (1) Plaintiffs’ evidence sustained the grounds for attachment charged in the affidavit, and should have been submitted to the jury. Rainwater v. Faconesowich, 29 Mo. App. 26, cases cited. (2) First. The judgments are judgments by confesssion. Loth v. Faconesoivich, 22 Mo. App. 68; Davis v. Wood, 7 Mo. 651; Black on Judgments, sec. 50; Chestnut v. Pollard, 13 S. W. Rep. 825; Boyd v. Fur. Co., 38 Mo.
Read the full summary
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. * (1) Plaintiffs’ evidence sustained the grounds for attachment charged in the affidavit, and should have been submitted to the jury. Rainwater v. Faconesowich, 29 Mo. App. 26, cases cited. (2) First. The judgments are judgments by confesssion. Loth v. Faconesoivich, 22 Mo. App. 68; Davis v. Wood, 7 Mo. 651; Black on Judgments, sec. 50; Chestnut v. Pollard, 13 S. W. Rep. 825; Boyd v. Fur. Co., 38 Mo. App. 212; Flanagan v. Bruner, 10 Tex. 257; Freeman on Judgments, sec. 544. Second. Being judgments by confession, they are…
1Opinion of the CourtSmith, P. J.
This was an action of attachment "brought by the plaintiffs against the defendants to recover $214.40, for merchandise sold and delivered by the former to the latter. The attachment was grounded «on subdivisions 3, 4, 7, 8 and 14 of section 521, Revised *474Statutes. The defendants by their plea in abatement-, put in issue the alleged grounds for the attachment. There was a judgment in favor of the defendants upon a demurrer to the evidence, from which plaintiffs have-appealed.
The plaintiffs, to maintain the issue in their behalf, introduced in evidence three several confessions of' judgment…
2Cases cited10 opinions
- Hopper v. LucasIndiana Supreme Court · 1882
- Gilman v. WilliamsWisconsin Supreme Court · 1859
- Campbell v. WilliamsSupreme Court of Iowa · 1874
- Chamberlin v. Mammoth Mining Co.Supreme Court of Missouri · 1854
- Elliott v. Holbrook, Carter & Co.Supreme Court of Alabama · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fawkes v. National Refining Co.Supreme Court of Missouri · 1937
- State Ex Rel. Bair v. Producers Gravel Co.Supreme Court of Missouri · 1937
- Young v. StoutamireSupreme Court of Florida · 1938
- Ferranti v. LewisMassachusetts Supreme Judicial Court · 1930
- Wade v. SwopeMissouri Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.