Douglass v. Cissna
Missouri Court of Appeals
Appeal from Nodaway Circuit Court, Hon. H. S. Kelley, Judge. Motion for rehearing denied. Statement of case by the court. This is an action of attachment.
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Appeal from Nodaway Circuit Court, Hon. H. S. Kelley, Judge. Motion for rehearing denied. Statement of case by the court. This is an action of attachment. The affidavit for the writ is as follows : “This.affiant states that the plaintiffs in the above entitled cause have a just demand against the defendant herein, all past due, except $55.10, and that the amount which this affiant believes the plaintiffs ought to recover, after allowing all just credits and set-offs, is two hundred and eighty-five dollars and nineteen cents, and that this affiant has good reason to believe, and does believe,…
1Opinion
On motion for rehearing:
Opinion by
Philips, P. J.
As many of the questions raised in the motion for rehearing have been fully considered and determined in the opinion filed herein, we • will notice only such additional suggestions as are deemed material.
*59I. It is claimed that the deed executed by Cissna was-not operative at the time of levying the writ of attachment because the assigned property was not then in the-hands of any named assignee, nor was. any person, then named, capable of acting as such assignee, inasmuch as a partnership cannot act as assignee. . This suggestion is-incorrect,…
2Cases cited9 opinions
- Bales v. PerrySupreme Court of Missouri · 1873
- Gates v. LabeaumeSupreme Court of Missouri · 1853
- Kingman v. GrahamWisconsin Supreme Court · 1881
- Forbes v. ScannellCalifornia Supreme Court · 1859
- Whitehill v. ShickleSupreme Court of Missouri · 1869
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