Third National Bank v. Garton
Missouri Court of Appeals
Appeal from the Johnson Circuit Court.- — Hon. Chas. W. Sloan, Judge. (1) The paper styled an affidavit for an attachment was a nullity because (1) it lácked the signature of the affiant, and (2) the jurat was unsigned. Ha/rgadine v. VanHorn, 72 Mo. 370; Burnett v. McCluey, 78 Mo. 677, loc. cit. 689 ; Bray v. McCluey, 55 Mo. 128 ; Owens v. Johns, 59 Mo. 89. The motion to quash the writ of attachment was the proper procedure to raise the question. Owens v.- Johns, supra.
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Appeal from the Johnson Circuit Court.- — Hon. Chas. W. Sloan, Judge. (1) The paper styled an affidavit for an attachment was a nullity because (1) it lácked the signature of the affiant, and (2) the jurat was unsigned. Ha/rgadine v. VanHorn, 72 Mo. 370; Burnett v. McCluey, 78 Mo. 677, loc. cit. 689 ; Bray v. McCluey, 55 Mo. 128 ; Owens v. Johns, 59 Mo. 89. The motion to quash the writ of attachment was the proper procedure to raise the question. Owens v.- Johns, supra. (2) The filing of an affidavit in compliance with the statutes was a sine qua non to the issuance of a valid writ of…
1Opinion of the CourtGill, J.
This is a suit by attachment, brought in the Pettis circuit court March 29, 1887; and at the May term following a change of venue was taken to the Johnson circuit court, where the cause was subsequently tried, and, judgment being rendered for plaintiff, defendants have appealed to this court. The matter at issue relates to the attachment proceedings in the cause.
On March 29, 1887, when the action was commenced, the plaintiff filed with the clerk of the Pettis circuit court the following paper, intending the same, evidently, as an affidavit for attachment. We copy the paper here:
“State of…
2Cases cited6 opinions
- Burnett v. McClueySupreme Court of Missouri · 1883
- Hargadine v. Van HornSupreme Court of Missouri · 1880
- Burnett v. McClueySupreme Court of Missouri · 1887
- Bray v. McClurySupreme Court of Missouri · 1874
- Norman v. HornMissouri Court of Appeals · 1889
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- Lubrication Engineers, Inc. v. ParkinsonMissouri Court of Appeals · 1961
- Norman v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1911
- First National Bank v. GriffithMissouri Court of Appeals · 1916
- Smith, Heddins & Co. v. HackleyMissouri Court of Appeals · 1891
- Omnium De Participations Industries De Luxe (S. A.) v. SpoturnoSuperior Court of Delaware · 1937
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