Legal Opinion

Tufts v. Volkening

Supreme Court of Missouri

Decided June 12, 1894PublishedCited by 8 opinions

Certified from St. Louis Court of Appeals. (1) The circuit court never acquired jurisdiction of the person of defendant, or any property belonging to him; hence it had no jurisdiction to authorize notice by publication or render any judgment in the cause. Neiotonv. Strang, 48 Mo.

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Certified from St. Louis Court of Appeals. (1) The circuit court never acquired jurisdiction of the person of defendant, or any property belonging to him; hence it had no jurisdiction to authorize notice by publication or render any judgment in the cause. Neiotonv. Strang, 48 Mo. App. 538; Anderson v. Scott, 2 Mo. 16; Drake on Attachment, secs. 205-207. (2) Under the statute of this state shares of stock in a corporation can not be taken in attachment or on execution, unless they belong to the defendant, i. e., unless he has the legal title to them and a definite and determined right of…

1Opinion of the CourtSi-ierwood, J.

This cause, reported in 51 Mo. App. 7, was transferred to this court by the St. Louis court of appeals, is an action on an account for balance due on a “soda fountain.” The suit was begun by attachment April 11, 1892, and on the same day garnishment proceedings were instituted, and on the same day properly served on several garnishees, to wit, William Sehreiber, William Sehreiber, executor of Henry Yolkening, and the St. Louis Railroad Company. Said garnishees were duly served according to law, and all the requisites were duly complied with by the sheriff to attach in their hands the goods,…

2Cases cited6 opinions

  1. Freeman v. ThompsonSupreme Court of Missouri · 1873
  2. Foster v. PotterSupreme Court of Missouri · 1866
  3. Drake v. HaleSupreme Court of Missouri · 1866
  4. Harris v. GrodnerSupreme Court of Missouri · 1868
  5. Moore v. StanleySupreme Court of Missouri · 1873

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3Cited by8 opinions

  1. Cantor v. SachsCourt of Chancery of Delaware · 1932
  2. Keaton v. JorndtSupreme Court of Missouri · 1909
  3. Huiskamp v. MillerSupreme Court of Missouri · 1909
  4. Appleman v. American Sporting Goods Co.Missouri Court of Appeals · 1895
  5. Mayne v. St. Louis Union Trust Co.Court of Appeals for the Eighth Circuit · 1933

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