Hudson v. Lamar
Missouri Court of Appeals
Appeal from the Barry Circuit Court. — 'Hon. John C. Lamson, Judge. There were no equities in this ease to adjust. Plaintiff was entitled to judgment for the whole of the property replevied. Property which has been attached and released to the defendant, upon his executing a delivery bond therefor, with sureties, can not again be attached while liable to be required to be delivered under the bond.
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Appeal from the Barry Circuit Court. — 'Hon. John C. Lamson, Judge. There were no equities in this ease to adjust. Plaintiff was entitled to judgment for the whole of the property replevied. Property which has been attached and released to the defendant, upon his executing a delivery bond therefor, with sureties, can not again be attached while liable to be required to be delivered under the bond. Drake on Attachment [6 Ed.], secs. 251-267, 331; Shinn on Attachment, sec. 46, p. 70; 7 Lawson Rights, Rem. and Prac., pp. 55, 58; Coen v. Watkins, 62 Mo. App. 502; Bank v. Owen, 79 Mo. 429; Bank v.…
1Opinion of the CourtBland, P. J.
— The petition stated that the defendant is the sheriff of Barry county; that on July 28, 1896, the McGregor-Noe Hardware Company sued out of the office of the clerk of the circuit court of Barry county a writ of attachment against one Lawrence Sulkowski and delivered the same to defendant as sheriff, by virtue of which writ he levied upon a stock of merchandise; that one William Lucjack, the father-in-law of Sulkowski, claimed to be the owner of the goods levied upon, and that he, Lucjack, and Sulkowski being desirous of retaining possession of the goods by *240giving a forthcoming bond to the…
2Cases cited3 opinions
- Bates County National Bank v. OwenSupreme Court of Missouri · 1883
- Fleming v. ClarkMissouri Court of Appeals · 1886
- State ex rel. St. Louis Brewing Ass'n v. MurphyMissouri Court of Appeals · 1895
3Cited by1 opinion
- State Ex Rel. v. Weinberg and Am. Sur. Co.Missouri Court of Appeals · 1941