Williams v. Coleman
Supreme Court of Missouri
Appeal from, Phelps Circuit Court. The court had no power to dissolve the attachment in vacation; consequently there was no damage to plaintiff Williams occasioned by giving of the bond. The attachment could be dissolved only on motion in term time. I. The defendants are estopped from questioning the validity of the bond in any particular. (Livingston v. Hammer, 7 Bosw;, N. Y., 670; Price v. Kennedy, 16 La.
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Appeal from, Phelps Circuit Court. The court had no power to dissolve the attachment in vacation; consequently there was no damage to plaintiff Williams occasioned by giving of the bond. The attachment could be dissolved only on motion in term time. I. The defendants are estopped from questioning the validity of the bond in any particular. (Livingston v. Hammer, 7 Bosw;, N. Y., 670; Price v. Kennedy, 16 La. Ann. 78; McMillan v. Dana, 18 Cal. 339; Inbusch v. Farwell, 1 Black, 566; Heynemann v. Eder, 17 Cal. 433; Cook v. Boyd, 16 B. Monr. 556.) H. The approval of the bond by the judge in…
1Opinion of the CourtBliss, Judge
The plaintiff sued out a writ of attachment against defendant Coleman and levied upon real estate. In order to discharge it from the attachment lien, Coleman applied to the circuit judge in vacation to dissolve the attachment, and having given a bond under the third provision of section 48 of the attachment act (Wagn. Stat. 191), the judge ordered it to be dissolved. This suit is upon the bond thus given, and the chief defense is that the *326proceedings were not according to the statute, and therefore the .bond is void.
It is true the statute does not contemplate an order of the judge in…
2Cases cited1 opinion
- Barnes ex rel. Hayes v. WebsterSupreme Court of Missouri · 1852
3Cited by6 opinions
- Cunningham v. JacobsIndiana Supreme Court · 1889
- State Ex Rel. Kenney v. JohnsonMissouri Court of Appeals · 1934
- Huttig-McDermid Pearl Button Co. v. Springfield Shirt Co.Missouri Court of Appeals · 1910
- Smith ex rel. McElhaney v. RogersMissouri Court of Appeals · 1903
- State ex rel. Adams v. FinkeMissouri Court of Appeals · 1896
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