Clark v. Brott
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. G-. D. Bursbss, Judge. Our statutes providing for an interplea, must mean something — be enacted to serve some' purpose; but if Clark can maintain this action, it is a mere pastime — concludes no one — simply lays the foundation for another suit; he interpleads to see whether he can maintain trespass. If the judgment on the interplea had been against Clark, it would have concluded him in this action.
Read the full summary
Appeal from Linn Circuit Court. — Hon. G-. D. Bursbss, Judge. Our statutes providing for an interplea, must mean something — be enacted to serve some' purpose; but if Clark can maintain this action, it is a mere pastime — concludes no one — simply lays the foundation for another suit; he interpleads to see whether he can maintain trespass. If the judgment on the interplea had been against Clark, it would have concluded him in this action. Richardson Jones 16 Mo. 177; Richardson v. Watson, 23 Mo. 34 ; Bliss on Code Pleading, § 1. cited Trieber v. Blocher', 10 Md. 14; Drake on Attachment, § 196.
1Opinion of the CourtHenry, J.
Brott, as sheriff' of Linn county, levied an attachment against Cole & Mayo on a stock of drugs, which was sold under an order of court, and afterward Clark filed Ms interplea, claiming the goods. On a trial of the issue made on the interplea, there was a judgment for Clark, who then instituted this suit against Brott, for damages, and obtained a judgment for $1,202.50, the invoice price of the goods, with interest from the date of the seizure, from which defendant appealed, and the only question is whether plaintiff can maintain such an action.
It .is contended with plausibility, by…
2Cases cited1 opinion
- Perrin v. ClaflinSupreme Court of Missouri · 1847
3Cited by7 opinions
- Wheeler Savings Bank v. TraceySupreme Court of Missouri · 1897
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- State Rel. Stevenson v. American SuretyMissouri Court of Appeals · 1934
- State ex rel. Jamison v. FinkMissouri Court of Appeals · 1894
- Taylor v. HinesMissouri Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.