Drake v. Hale
Supreme Court of Missouri
Error to Benton Circuit Court. I. The sheriff’s return on the writ of attachment was insufficient, and did not authorize the rendering of the judgment against Hale — R. C. 1855, p. 245, § 22 ; Cabeen v. Douglass, 1 Mo. 336; Walsh v. Agnew, 12 Mo. 521, 527; Thatcher v. Powell, 6 Wheat. 119, 127 ; Lackey v. Seibert, 23 Mo. 85, 94; Harris v. Hardman et al., 14 How. (U. S.) 334-45. II.
Read the full summary
Error to Benton Circuit Court. I. The sheriff’s return on the writ of attachment was insufficient, and did not authorize the rendering of the judgment against Hale — R. C. 1855, p. 245, § 22 ; Cabeen v. Douglass, 1 Mo. 336; Walsh v. Agnew, 12 Mo. 521, 527; Thatcher v. Powell, 6 Wheat. 119, 127 ; Lackey v. Seibert, 23 Mo. 85, 94; Harris v. Hardman et al., 14 How. (U. S.) 334-45. II. The order of publication was not sufficient to authorize a judgment against the property of defendant Hale. It did not show a proceeding m rem, and was neither a literal nor substantial compliance with the…
1Opinion of the CourtHolmes, Judge
This was a suit by attachment. Annexed to the petition was an affidavit of non-residence of the defendant; and the attachment appears to have been issued on the 2d day of *348July, 1865. On the 22d day of July following, an order of publication was issued by the clerk, in vacation, reciting, as the ground of the attachment, that the defendant had so absented himself from his usual place of abode in this State that the ordinary process of law could not be served upon him ; and it merely notified the defendant of the commencement of an action against him for damages in the destruction of property,…
2Cases cited1 opinion
- Lackey v. SeibertSupreme Court of Missouri · 1856
3Cited by7 opinions
- Freeman v. ThompsonSupreme Court of Missouri · 1873
- Walter v. ScofieldSupreme Court of Missouri · 1902
- Tufts v. VolkeningSupreme Court of Missouri · 1894
- Stanton v. BoschertSupreme Court of Missouri · 1891
- Randall v. SnyderSupreme Court of Missouri · 1908
2 more not listed; retrieve them via the Exa API.