Steele v. Brazier
Missouri Court of Appeals
Appeal from Webster Circuit Court. — Hon. Argus Cox, Judge. (1) The judgment under the plea in abatement should be reversed. Finley v. Bryson, 84 Mo. 664; Sandeen v. Railroad, 79 Mo. 278; Force v. Squier, 133 M'o. 306. (2) The second amended petition was a departure and stated a new cause of action. Drake v. Railroad, 35 Mo. App. 553; Lumpkins v.' Collier, 69 Mo. 170; Herman v. Gian, 129 Mo. 325; Scovill v. Glasner, 79 Mo. 449; Purdy v. Pfaff, 104 Mo.
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Appeal from Webster Circuit Court. — Hon. Argus Cox, Judge. (1) The judgment under the plea in abatement should be reversed. Finley v. Bryson, 84 Mo. 664; Sandeen v. Railroad, 79 Mo. 278; Force v. Squier, 133 M'o. 306. (2) The second amended petition was a departure and stated a new cause of action. Drake v. Railroad, 35 Mo. App. 553; Lumpkins v.' Collier, 69 Mo. 170; Herman v. Gian, 129 Mo. 325; Scovill v. Glasner, 79 Mo. 449; Purdy v. Pfaff, 104 Mo. App. 331; Bick v. Vaughn, 120 S. W. 618; Lamar v. Drug Go., 118 Ga. 850; 45 S. E. 671; Scott v. Robards, 67 Mo. 289; Cook v. Putnam Co., 70 Mo.…
1Opinion of the CourtNixon, P. J.
(after stating the facts) — It will be seen from the statement in this case that at the time of filing the petition, an attachment was sued out in aid of it; that there were numerous causes set out as grounds for such attachment, and, among others, subdivision fourteen of the attachment act, section 366, Revised Statutes 1899, which is as follows:
“14. Where the debt sued for was fraudulently contracted on the part of the debtor.”
Upon the hearing of the plea in abatement, the court found all the causes for attachment for the defendant except number fourteen, and sustained the attachment on the…
2Cases cited14 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
- Ross v. Cleveland & Aurora Mineral Land Co.Supreme Court of Missouri · 1901
- State ex rel. Harvey v. ManningSupreme Court of Missouri · 1884
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- A.J. Properties, LLC v. Stanley Black and Decker, Inc.Massachusetts Supreme Judicial Court · 2014
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