Adams v. Hickman
Supreme Court of Missouri
Error to First District Court. This is a suit of attachment instituted in the Circuit Court of Cooper county, on the 1st day of December, 1866, founded on an account for the sum of $885.48. The ground for the attachment, as set out in the affidavit of plaintiff, is the non-residence of the defendant.
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Error to First District Court. This is a suit of attachment instituted in the Circuit Court of Cooper county, on the 1st day of December, 1866, founded on an account for the sum of $885.48. The ground for the attachment, as set out in the affidavit of plaintiff, is the non-residence of the defendant. An order of publication was made by the clerk in vacation, and published in a newspaper printed in Cooper county, and a writ of attachment was issued, and the real estate of defendant attached by the sheriff of said county; said writ was returnable to the February term, 1867, of said court. At…
1Opinion of the CourtCurrier, Judge
The question involved here is one of practice. An interlocutory judgment by default was rendered against the defendant, who, the succeeding day, moved the court to set it aside, and for leave to file an answer. The motion W"as accompanied with an affidavit and various exhibits. It was overruled by the court, and final judgment entered for the plaintiff. This judgment was reversed by the District Court, and the plaintiff brings the case here by writ of error. From the affidavit and papers in the case, among which is the defendant’s answer, it appears that the suit was by attachment to the…
2Cited by3 opinions
- Blythe v. HinckleyU.S. Circuit Court for the District of Northern California · 1897
- State ex rel. Christine v. TaylorMissouri Court of Appeals · 1918
- Moore v. DawsonMissouri Court of Appeals · 1922