Brumback v. Weinstein
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. The circuit court erred in holding that the writ of attachment was properly sued out in this case. Such a writ does not lie in aid of an action to charge the estate of a married woman, but only in actions wherein a personal liability exists. Gage v. Gates, 62 Mo'. 412 ; Williams v. Railroad, 8 Mo. App. 135 ; Bachman v. Lewis, 27 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. The circuit court erred in holding that the writ of attachment was properly sued out in this case. Such a writ does not lie in aid of an action to charge the estate of a married woman, but only in actions wherein a personal liability exists. Gage v. Gates, 62 Mo'. 412 ; Williams v. Railroad, 8 Mo. App. 135 ; Bachman v. Lewis, 27 Mo. App. 81; Hoover v. Gibson, 24 O. S. 389 • 1 Wade on Att., d. 39. An attachment will lie in aid of a suit in equity to charge a married woman’s separate estate in personal property, where the…
1Opinion of the CourtBiggs, J.
The record of this case presents but one question for our determination.
Anna Weinstein, one of the defendants, is a married woman, and at the date of the institution of this suit, and for some time previous thereto, was a sole trader, and owned in her own right, as her sole and separate property, a stock of merchandise. In conducting this business, she purchased of the plaintiff a bill of goods amounting to about five hundred dollars, and, at the expiration of the credit, failed and neglected to pay. Thereupon the plaintiff brought this action against her and'her husband, by which he sought…
2Cases cited10 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Sheetz v. KirtleySupreme Court of Missouri · 1876
- Davis v. SmithSupreme Court of Missouri · 1881
- Buckley v. LowryMichigan Supreme Court · 1852
- Boatmen's Saving Bank v. McMenamyMissouri Court of Appeals · 1889
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3Cited by6 opinions
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- Bingham v. KeylorWashington Supreme Court · 1898
- German v. Universal Oil Products Co.District Court, W.D. Missouri · 1934
- Pratt v. WaltherMissouri Court of Appeals · 1890
- Boekhoff v. GrunerMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.