J. I. Case Plow Works v. Union Iron Works
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henby, Judge. (1) The only authority in law for a claim for storage and keeping of attached property is contained in the following sections of the statutes: Revised Statutes, 1889, sec. 4997. These statutes, limit the recovery of such charges and lien as are claimed herein to the allowance which may be made by the justice or court, and which are taxed up as part of the judgment in the attachment.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. John W. Henby, Judge. (1) The only authority in law for a claim for storage and keeping of attached property is contained in the following sections of the statutes: Revised Statutes, 1889, sec. 4997. These statutes, limit the recovery of such charges and lien as are claimed herein to the allowance which may be made by the justice or court, and which are taxed up as part of the judgment in the attachment. Shumway v. Leakey, 73 Cal. 260; Geilv. Stevens, 48 Cal. 590; Lane v. McFlhaney, 49 Cal. 424; Drake on Attachment [6 Ed.], sec. 353; JRaxoley v.…
1Opinion of the CourtSmith, P. J.
— This was an action of replevin brought by the plaintiff against the defendant to. recover seventy-five walking cultivators.
The defendant answered alleging that they were engaged in a general storage and forwarding business at Kansas City, and that the property described in plaintiff’s petition was by a constable of Kaw Township, Jackson county, levied upon under an attachment proceeding in justice’s court, and delivered by said constable to the respondents for safe keeping and storage, and that by reason of said fact they, the respondents, have a lien against said property for storage,…
2Cases cited10 opinions
- The Bird of ParadiseSupreme Court of the United States · 1867
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Muench v. Valley National BankMissouri Court of Appeals · 1881
- Young v. KellarSupreme Court of Missouri · 1887
- Wyckoff v. Southern Hotel Co.Missouri Court of Appeals · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- Ashby v. Elsberry & New Hope Gravel Road Co.Missouri Court of Appeals · 1905
- Birmingham v. CarrMissouri Court of Appeals · 1917
- Spalding v. Columbia Theatre Co.Missouri Court of Appeals · 1915