Barton Bros. v. Hunter
Missouri Court of Appeals
Appeal from the Carroll Circuit Court.—Hon. W. W. Rucker, Judge. (1) The action of the first attaching creditors operated as an abandonment of their attachment proceedings, and the attached property was thereby released from the attachment lien.
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Appeal from the Carroll Circuit Court.—Hon. W. W. Rucker, Judge. (1) The action of the first attaching creditors operated as an abandonment of their attachment proceedings, and the attached property was thereby released from the attachment lien. An attaching creditor who loses a priority once acquired is without relief, as against a junior attaching creditor, as the equities are equal and depend upon a substantial compliance with the law, and any departure from its forms for the purpose of accelerating the remedy operates as a dissolution of the attachment, destroys the lien and lets in…
1Opinion of the CourtSmith, P. J.
It appears from the record before us that on the tenth day of November, 1892, the respondents commenced a suit by attachment on an account against M. P. Hunter and caused a certain stock of merchandise to be levied upon under the writ. A few days thereafter the appellant Wallenstein brought a similar suit against Hunter, also causing a levy of his writ on the same stock of merchandise. These suits were respectively prosecuted to judgment.
While the attachment suits were still pending, one Limbert, who had a chattel mortgage on the attached property, sought to purchase the claim of the…
2Cases cited8 opinions
- Appleton v. KennonSupreme Court of Missouri · 1854
- Davis v. HallSupreme Court of Missouri · 1886
- Allen v. DermottSupreme Court of Missouri · 1883
- Brandon Iron Co. v. GleasonSupreme Court of Vermont · 1852
- State ex rel. Crider v. WagersMissouri Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Groomer v. McMillanMissouri Court of Appeals · 1910
- Union Biscuit Co. v. Springfield Grocer Co.Missouri Court of Appeals · 1910
- Lewis v. James McMahon & Co.Supreme Court of Missouri · 1925
- Coffman v. FlemingSupreme Court of Missouri · 1923
- Bay v. TrusdellMissouri Court of Appeals · 1902
5 more not listed; retrieve them via the Exa API.