Newman v. York
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. Jno. C. Lamson, Judge. An officer may be sued by the attaching creditor for not exercising due diligence in keeping the attached property. Waples on Attachment, sec. 971; Drake on Attachment [3 Ed.], sec. 411; Wade on Xtthchment, sec. 2207; 1 Am. and Eng. Ency. of Law [1 Ed.], p. 929. An appeal perfected in time will prevent a dissolution of the attachment. 3 Am. and Eng.
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Appeal from the Newton Circuit Court. — Hon. Jno. C. Lamson, Judge. An officer may be sued by the attaching creditor for not exercising due diligence in keeping the attached property. Waples on Attachment, sec. 971; Drake on Attachment [3 Ed.], sec. 411; Wade on Xtthchment, sec. 2207; 1 Am. and Eng. Ency. of Law [1 Ed.], p. 929. An appeal perfected in time will prevent a dissolution of the attachment. 3 Am. and Eng. Ency. of Law [2 Ed.], p. 242. It was the duty of the defendant to hold the attached property pending the perfection of the appeal. The errors assigned are the giving of the…
1Opinion of the CourtBland, P. J.
— I agree that the judgment in this ease-should be reversed and the cause remanded for retrial, but I am not able to concur in the opinion of Judge Biggs, that the law of February 25, 1891 (Laws of 1891, p. 45), have no application to attachment proceedings before a justice of the peace.. If the law of 1891 is inapplicable to this case, then there is no law on. *295our statute books by which the lien of an attaching creditor can be preserved for one minute after the return of a verdict for the defendant on a plea in abatement, . and the constable is bound immediately on demand of the defendant to…
2Cases cited10 opinions
- State ex rel. Gates v. FitzpatrickSupreme Court of Missouri · 1876
- Danforth, Davis & Co. v. CarterSupreme Court of Iowa · 1856
- Sherrod v. DavisSupreme Court of Alabama · 1850
- Crawford v. ArmstrongMissouri Court of Appeals · 1894
- Ryan Drug Co. v. PeacockSupreme Court of Minnesota · 1889
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3Cited by2 opinions
- Hull v. BeardMissouri Court of Appeals · 1899
- Stephenson v. JonesMissouri Court of Appeals · 1900