Legal Opinion

Eads v. Stephens

Supreme Court of Missouri

Decided May 15, 1876PublishedCited by 14 opinions

Error to Daviess Circuit Court. I. This is an action strictly in rem. (1 Chit. Plead., § 162; Coffey vs. Dudgeon, 38 Ind. 512; Allen vs. Fox, 51 N. Y. 562; Grace v. Mitchell, 13 Wis. 533; 1 Saund., 347b., note b.; Fletcher vs. Wilkins, 6 East., 283; Sharp vs. Whittenhall, 3 Hill, 576; 1 Bouv. Law Dict., 693; 3 Bouv. Inst., 131.) Hence, the court can only acquire jurisdiction over the res by seizure under a valid process. (Freem.

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Error to Daviess Circuit Court. I. This is an action strictly in rem. (1 Chit. Plead., § 162; Coffey vs. Dudgeon, 38 Ind. 512; Allen vs. Fox, 51 N. Y. 562; Grace v. Mitchell, 13 Wis. 533; 1 Saund., 347b., note b.; Fletcher vs. Wilkins, 6 East., 283; Sharp vs. Whittenhall, 3 Hill, 576; 1 Bouv. Law Dict., 693; 3 Bouv. Inst., 131.) Hence, the court can only acquire jurisdiction over the res by seizure under a valid process. (Freem. Judgm., § 119; Cooper vs. Reynolds, 10 Wal., 308; Rowan vs. Lamb, 4 Greene [Iowa], 468.) But here the clerk had no authority to issue a valid order of delivery until…

1Opinion of the CourtHough, Judge

This was an action brought in the Daviess Circuit Court under the statute, in relation to the claim and delivery of personal property, for the recovery of a saw and grist mill, alleged to belong to the estate of Wm. R. Hobbs; of which plaintiff was administrator. Both parties concede it to be personal property, and there is nothing in the record to show the contrary. An order of delivery was made and executed, notwithstanding that the affidavit failed to state that said property had not been seized under any process, execution or attachment against the property of said Hobbs.

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2Cases cited3 opinions

  1. Newman v. HookSupreme Court of Missouri · 1866
  2. Douglas v. OrrSupreme Court of Missouri · 1875
  3. Kean v. NewellSupreme Court of Missouri · 1827

3Cited by14 opinions

  1. United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1908
  2. Keim v. VetteSupreme Court of Missouri · 1902
  3. Hamilton v. ClarkMissouri Court of Appeals · 1887
  4. Pitkin v. ReibelSupreme Court of Missouri · 1891
  5. Doughty v. SullivanSupreme Judicial Court of Maine · 1995

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