State ex rel. Rigby v. Goodhue
Missouri Court of Appeals
Appeal from the Phelps Circuit Court. — Hon. L. B. Woodside, Judge. It must be accepted as tbe settled doctrine under our attachment act that there must be filed with the clerk a “Petition or other lawful statement or exhibit of his cause of action,” and an affidavit and bond. R. S. 1889, ch. 10, secs. 525, 528. Otherwise the court acquires no jurisdiction to try the cause.
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Appeal from the Phelps Circuit Court. — Hon. L. B. Woodside, Judge. It must be accepted as tbe settled doctrine under our attachment act that there must be filed with the clerk a “Petition or other lawful statement or exhibit of his cause of action,” and an affidavit and bond. R. S. 1889, ch. 10, secs. 525, 528. Otherwise the court acquires no jurisdiction to try the cause. Massey v. Scott, 49 Mo. 278; Drake on Attach., secs. 84-88; Talbot v. Woodlee, 19 Wis. 174; Staples v. Fairchild,, 3 Comst. 41; Miller v. Brinkerhoff, 4 Denio, 118. If there be a failure in the affidavit every subsequent…
1Opinion of the CourtBond, J.
— This petition alleges that E. A. Good-hue brought an attachment suit against the plaintiff on the ground of nonresidence, which on trial of the merits was decided in plaintiff’s favor; that plaintiff’s property was levied upon by a writ issued in said action, wherefore judgment is prayed for the penalty of attachment bond executed by defendants in said suit, to be satisfied on the payment of $161 and costs. The answer did not deny the execution of the bond, nor the termination in plaintiff’s favor of the attachment suit, but made a specific denial of the other allegations contained in the…
2Cases cited5 opinions
- Kleimann v. GieselmannSupreme Court of Missouri · 1893
- State ex rel. Roe v. ThomasSupreme Court of Missouri · 1854
- Grady v. McCorkleSupreme Court of Missouri · 1874
- State ex rel. Clifford v. BeldsmeierSupreme Court of Missouri · 1874
- State ex rel. Conklin v. BaradaSupreme Court of Missouri · 1874
3Cited by9 opinions
- Talbott v. Great Western Plaster Co.Missouri Court of Appeals · 1910
- State ex rel. Senter v. CowellMissouri Court of Appeals · 1907
- Floyd v. AndersonSupreme Court of Oklahoma · 1912
- State ex rel. Russell v. FargoSupreme Court of Missouri · 1899
- State ex rel. Pinkley v. YountMissouri Court of Appeals · 1914
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