Monroe City Bank v. Finks
Missouri Court of Appeals
Writ of Error to the Monroe Circuit Court. — HoN. Tiios. H. Bacon, Judge. The attaching creditor complains of the action of the trial court in overruling his motion to be allowed to appear and defend, the court holding that the motion came too late, but the attaching creditor is not entitled to appear until the attached debtor makes default. R. S. 1879, sec. 570; Engel v. Dussel, 26 Mo.
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Writ of Error to the Monroe Circuit Court. — HoN. Tiios. H. Bacon, Judge. The attaching creditor complains of the action of the trial court in overruling his motion to be allowed to appear and defend, the court holding that the motion came too late, but the attaching creditor is not entitled to appear until the attached debtor makes default. R. S. 1879, sec. 570; Engel v. Dussel, 26 Mo. App. 39. There is no evidence before this court that plaintiff in error asked to be made .a party in this cause. If any such motion was made, it is not a part of the record, and as there has never been any…
1Opinion of the CourtThompson, J.
There is no bill of exceptions in this record ; but the record proper and certain other entries which the clerk of the circuit court has seen fit to copy into the transcript show that an action was begun by attachment by the Monroe City Bank against James P. Pinks and George P. Mudd, on two promissory notes ; that the attachment was levied upon certain real property and that there was an order of publication ; that on the fourth day of November, 1889, there was a judgment by default and a final judgment for the plaintiff; that on the sixth day of November, 1889, John H. Pinks filed a motion,'…
2Cases cited15 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Bateson v. ClarkSupreme Court of Missouri · 1865
- State v. WallSupreme Court of Missouri · 1851
- Bevin v. PowellMissouri Court of Appeals · 1881
- Christy's Administrator v. MyersSupreme Court of Missouri · 1855
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3Cited by7 opinions
- School District Number 4 v. HolmesMissouri Court of Appeals · 1893
- Elsenrath v. KallmeyerMissouri Court of Appeals · 1895
- Mize v. BurnettMissouri Court of Appeals · 1912
- Waters v. School District No. 4Missouri Court of Appeals · 1894
- Kammann v. Chris Bimmerle Painting Co.Missouri Court of Appeals · 1910
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