Claflin v. Hoover
Missouri Court of Appeals
Appeal from the Howell County Circuit Court, J. B. Woodside, Judge. The bond was sufficient. Bev. Stat., sect. 404. And bound the partnership which executed it. Terns v. Hughes, 10 Mo. .380. The affidavit was sufficient. Bev. Stat., sects. 403, 464. If the affidavit was insufficient the plaintiff should have been allowed to amend. Henderson v. Draee, 30 Mo. 358. The affidavit having been made by a stranger to the record, is insufficient. Bev.
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Appeal from the Howell County Circuit Court, J. B. Woodside, Judge. The bond was sufficient. Bev. Stat., sect. 404. And bound the partnership which executed it. Terns v. Hughes, 10 Mo. .380. The affidavit was sufficient. Bev. Stat., sects. 403, 464. If the affidavit was insufficient the plaintiff should have been allowed to amend. Henderson v. Draee, 30 Mo. 358. The affidavit having been made by a stranger to the record, is insufficient. Bev. Stat., sect. 403; GilTceson v. Knight, 71 Mo. 404; Miller v. Railroad Co., 58 Wis. 310. The bond was invalid and no new one was offered. Waples, Attach.…
1Opinion of the CourtLewis, P. J.
After the filing of pleas in abatement by all the defendants, the attachment by which this suit was begun ■was dissolved on the defendant’s motion, for alleged insufficiency in the affidavit and the bond. The affidavit was sworn to by James T. Flanigan, whose name does not appear anywhere else in the record. It is not stated that he makes the affidavit “for” the plaintiffs, as the statute expresses it (Bev. Stat.., .sect. 403), nor does it anywhere appear that he is agent or attorney for the plaintiffs, or that he is connected with them in any way whatever.
The authorities are pretty well…
2Cases cited8 opinions
- Gilkeson v. KnightSupreme Court of Missouri · 1880
- Henderson v. DraceSupreme Court of Missouri · 1860
- Flexner v. DickersonSupreme Court of Alabama · 1880
- Middleton v. FrameSupreme Court of Missouri · 1855
- Miller v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Steinmann v. StrimpleMissouri Court of Appeals · 1888
- Freer v. WhiteMichigan Supreme Court · 1892
- Godman v. GordonMissouri Court of Appeals · 1895
- Mackey v. HyattMissouri Court of Appeals · 1890
- South Missouri Land Co. v. JeffriesMissouri Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.