Mackey v. Hyatt
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The affidavit was insufficient. The affiant did not state that he made the affidavit for the plaintiff. R. S. 1889, sec. 526; Oilkeson v. Knight, 71 Mo. 404 ; Claflin v. Hoover, 20 Mo. App. 314. (2) It being conceded that a portion of the goods, for the purchase price of which suit was brought, was bought before the alleged false statement was made, the attachment ought to have been abated.
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The affidavit was insufficient. The affiant did not state that he made the affidavit for the plaintiff. R. S. 1889, sec. 526; Oilkeson v. Knight, 71 Mo. 404 ; Claflin v. Hoover, 20 Mo. App. 314. (2) It being conceded that a portion of the goods, for the purchase price of which suit was brought, was bought before the alleged false statement was made, the attachment ought to have been abated. Estlow v. Hanna, 75 Mich. 219 ; s. o., 42 N. W. Rep. 812; Meyer v. Zingre, 18 Neb. 458 ; s. c., 25 N. W. Rep. 727 ; Mining Co. v.…
1Opinion of the CourtEllison, J.
This action is on account, and was begun by attachment. The account is as follows:
“September25, merchandise...........$ 46 92
September 25, merchandise............ 48 25
October 8, merchandise.......... 384 90
■October 3, merchandise................ 49 08
•October 8, merchandise................ 14 40
November 2, merchandise............. 18 25
November 14, merchandise............ 27 24
November 14, merchandise............. 17 60
“Total........................... $606 44
“credit.
“January 31, by cash........................$100 00
“ Balance...............................$506 44 ”
The attachment was based…
2Cases cited6 opinions
- Mayer v. ZingreNebraska Supreme Court · 1885
- Estlow v. HannaMichigan Supreme Court · 1889
- Claflin v. HooverMissouri Court of Appeals · 1886
- Johnson v. GilkesonSupreme Court of Missouri · 1883
- Metzenberger v. KeilMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State ex rel. Hyatt v. SmithSupreme Court of Missouri · 1891
- State ex rel. Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Missouri · 1903
- Harrison & Calhoon v. South Carthage Mining Co.Missouri Court of Appeals · 1904
- Third National Bank v. CramerMissouri Court of Appeals · 1899
- Houchin v. TurnerMissouri Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.