D. C. Wise Coal Co. v. Columbia Lead & Zinc Co.
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. Henry G. Pepper, Judge. (1) That the remedy sought by appellants may be obtained properly upon motion, sustained by the accompanying records and proceedings of the courts and affidavits of facts alnmde, would seem to be beyond question, and this may not be disputed in this court as it was in the court below, although plaintiff treated the motion as being essentially a petition, which plaintiff has formally answered accordingly,…
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Appeal from Newton Circuit Court. — Hon. Henry G. Pepper, Judge. (1) That the remedy sought by appellants may be obtained properly upon motion, sustained by the accompanying records and proceedings of the courts and affidavits of facts alnmde, would seem to be beyond question, and this may not be disputed in this court as it was in the court below, although plaintiff treated the motion as being essentially a petition, which plaintiff has formally answered accordingly, thereby expressly joining issue upon its allegations. So, there can be no valid objection to considering the merits of the…
1Opinion of the CourtBland, P. J.
On December 7, 1903, plaintiff commenced his snit against the Columbia Lead & Zinc Co., in the circuit court, by attachment, to recover a balance of $904.70, alleged to be due on account of coal sold and delivered to defendant. A writ of attachment was issued and delivered to the sheriff of Jasper county, by virtue of which that officer attached a lot of mining-machinery, specifically described in the return indorsed on the back of the writ. Defendant was served with summons and at the return term of the writ filed its plea in abatement of the attachment and its ansAver to the merits,…
2Cases cited11 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- Latshaw v. McNeesSupreme Court of Missouri · 1872
- In re KenneyCourt of Appeals for the Second Circuit · 1900
- Ruth v. St. Louis Transit Co.Missouri Court of Appeals · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Case v. SmithMissouri Court of Appeals · 1923
- In Re Adoption of Zartman v. AlfordSupreme Court of Missouri · 1933
- D. C. Wise Coal Co. v. Columbia Zinc & Lead Co.Missouri Court of Appeals · 1911
- Gray v. ArnotNorth Dakota Supreme Court · 1915
- Johnston v. Ms. Pac. R.R. Co., Thompson, TrusteeSupreme Court of Arkansas · 1942
3 more not listed; retrieve them via the Exa API.