Legal Opinion

American National Bank v. Thornburrow & Stone

Missouri Court of Appeals

Decided November 28, 1904PublishedCited by 6 opinions

Appeal from Jackson Circuit Court. — Row. James Gibson, Judge. (1) The court erred in sustaining respondent’s motion for judgment on the pleadings. R. S. 1899, sec. 407; Alexander v. Wade, — Mo. App. —. (2) The court erred in overruling and denying appellant’s motion for a new trial of the issues on the plea in abatement.

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Appeal from Jackson Circuit Court. — Row. James Gibson, Judge. (1) The court erred in sustaining respondent’s motion for judgment on the pleadings. R. S. 1899, sec. 407; Alexander v. Wade, — Mo. App. —. (2) The court erred in overruling and denying appellant’s motion for a new trial of the issues on the plea in abatement. (1) By section 728 of the Revised Statutes of Missouri, it is expressly provided that exceptions may be filed within such time after the term as the court may by an order, entered of record, allow. Richardson v. A. & M. Assn., 156 Mo. 407. The case of Wade v. Wade cited by…

1Opinion of the CourtBroaddus, J.

The plaintiff sued to recover judgment on two notes executed by the defendants as partners, and sued out at the same time a writ of attachment against their property. Defendant Thorn-burrow made default. Defendant Stone filed a plea in abatement to the attachment and an answer to the merits, admitting the indebtedness.

The affidavit alleged six grounds for the attachment. The first five charged defendants with fraudulently conveying, concealing or disposing of their property and effects so as to hinder or delay their creditors ; the sixth was that the debt sued for was fraudulently contracted…

2Cases cited4 opinions

  1. Hoffman v. NolteSupreme Court of Missouri · 1895
  2. Walsh v. KetchumSupreme Court of Missouri · 1884
  3. Fehlig v. BuschSupreme Court of Missouri · 1901
  4. Johnson v. MurphySupreme Court of Missouri · 1904

3Cited by6 opinions

  1. Hartman v. LauchliCourt of Appeals for the Eighth Circuit · 1956
  2. Link v. HathwayMissouri Court of Appeals · 1910
  3. Keet-Roundtree Dry Goods Co. v. HodgesMissouri Court of Appeals · 1913
  4. Estate of Fields v. Estate of HendersonMissouri Court of Appeals · 1928
  5. Star v. PenfieldMissouri Court of Appeals · 1912

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