Carp v. Itzkowitz
Missouri Court of Appeals
Appeal from the St. Louis• City Circuit Court. — Hon. Horatio D. Wood, Judge. An interplea in attachment proceedings is purely statutory, must be governed entirely by the statute, and is to be strictly construed. Grocer Co. v. Goetz, 57 Mo. App. 8-10; State ex rel. v. Barker, 26 Mo.
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Appeal from the St. Louis• City Circuit Court. — Hon. Horatio D. Wood, Judge. An interplea in attachment proceedings is purely statutory, must be governed entirely by the statute, and is to be strictly construed. Grocer Co. v. Goetz, 57 Mo. App. 8-10; State ex rel. v. Barker, 26 Mo. App. 487-491; Bank v. Tracy, 141 Mo. 252-261; Smith v. Haworth, 53 Mo. 88, 89. The statutory interplea in attachments is an action of replevin grafted upon the suit by attachment, and will not lie where replevin will not. Its very office and purpose are to determine the question of ownership of the specific…
1Opinion of the CourtBiggs, J.
This record presents a single legal question, which is this: B. is the owner of property seized under an attachment as the property of I. The property is sold under an order of court and the proceeds held under the attachment. Subsequent to the sale B. assigned the proceeds to C.; can C. interplead for them?
There is no dispute as to the facts. On the eighth day of April,. 1897, the plaintiff herein sued the firm of Itzkowitz and Shapan by attachment. On the tenth of April, 1897, a stock of goods were levied on under the writ of attachment as the property of the firm. At the time of the levy…
2Cases cited5 opinions
- Nolan v. DeutschMissouri Court of Appeals · 1886
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- S. Albert Grocer Co. v. GoetzMissouri Court of Appeals · 1894
- Oeters v. AehleSupreme Court of Missouri · 1861
- Franke v. Eby, Davis & Co.Missouri Court of Appeals · 1892
3Cited by1 opinion
- Torreyson v. TurnbaughMissouri Court of Appeals · 1904