Charleson v. Hunt
Supreme Court of Missouri
Appeal from St. Louis Circuit Cowrt. Plaintiffs commenced a suit by attachment against Edward St. Michel. Eraneis A. Hunt interpleaded, claiming the property attached by virtue of a deed of assignment executed by said St. Michel for the benefit of his creditors. Said Hunt had likewise interpleaded in various other attachment suits commenced by parties other than the plaintiffs in this suit.
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Appeal from St. Louis Circuit Cowrt. Plaintiffs commenced a suit by attachment against Edward St. Michel. Eraneis A. Hunt interpleaded, claiming the property attached by virtue of a deed of assignment executed by said St. Michel for the benefit of his creditors. Said Hunt had likewise interpleaded in various other attachment suits commenced by parties other than the plaintiffs in this suit. To prove fraud in the assignment and a knowledge of it on the part of the interpleader, the plaintiffs offered in evidence a deposition of said interpleader taken in one of the other attachment suits in…
1Opinion of the Court
Richardson, Judge,
delivered the opinion of the court..
On the trial of the issue made by the interplea, the plaintiffs offered in evidence the' deposition of Hunt, which had been previously taken in a suit betwefen Lattimer et al., plaintiffs, and St. Michel, defendant, which was excluded because Hunt was in court in obedience to a subpoena, ready to be called as a witness. We assume that Hunt’s hand-writing was admitted or proved, for. no objection was made on the ground that he had not subscribed the deposition. The only point in this case was decided in Kritzer v. Smith, 21 *36Mo. 296. The…
2Cases cited1 opinion
- Kritzer v. SmithSupreme Court of Missouri · 1855
3Cited by11 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Span v. Jackson-Walker Coal & Mining Co.Supreme Court of Missouri · 1929
- Bogie v. NolanSupreme Court of Missouri · 1888
- Dale ex rel. Dale v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1876
- Brookfield v. Drury CollegeMissouri Court of Appeals · 1909
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