Rice, Stix & Co. v. Sally
Supreme Court of Missouri
Appeal from Webster Circuit Court. — Hon. Argus Coco, Judge. (1) The instruction offered at the close of the interpleader’s case should have been given, because: (a) The right to interplead, under the statute, being in the nature of an action in replevin engrafted upon a suit by attachment, is a suit at law, whereas whatever rights the wife obtained through the note and the chattel mortgage securing it, being without the intervention of a trustee, are enforcible only in…
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Appeal from Webster Circuit Court. — Hon. Argus Coco, Judge. (1) The instruction offered at the close of the interpleader’s case should have been given, because: (a) The right to interplead, under the statute, being in the nature of an action in replevin engrafted upon a suit by attachment, is a suit at law, whereas whatever rights the wife obtained through the note and the chattel mortgage securing it, being without the intervention of a trustee, are enforcible only in equity. Bank v. Tracy, 141 Mo. 252; Withers v. Shropshire, 15 Mo. 631; Turner v. Shaw, 96 Mo. 22; Crawford v. Whitman, 120…
1Opinion of the CourtGantt, J.
This is a proceeding wherein the plaintiffs are attaching creditors and certain goods were attached as the property of defendant James B. Sally, and his wife, Mrs. Sarah H. Sally, interpleads therefor. The action was commenced in the circuit court of Phelps county, and a similar one was begun in Dent county, and the venue in each was changed to Webster county. In the latter county the two suits were consolidated.
Mrs. Sally, the wife of the defendant in. these attachments, interpleaded for the goods seized by the sheriff., and grounds her claim thereto upon a chattel *114mortgage executed to her…
2Cases cited48 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- White v. . WagerNew York Court of Appeals · 1862
- Shepard v. ShepardNew York Court of Chancery · 1823
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3Cited by48 opinions
- In Matter of BadgerSupreme Court of Missouri · 1920
- Bower v. DanielSupreme Court of Missouri · 1906
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Friedel v. BaileySupreme Court of Missouri · 1931
- Willott v. WillottSupreme Court of Missouri · 1933
43 more not listed; retrieve them via the Exa API.