Jump v. McClurg
Supreme Court of Missouri
Error to Polk Circuit Court. On the 14th of July, 1862, John Jump filed with the clerk of the Circuit Court of Polk county, his petition, affidavit and bond, and obtained a writ of attachment against James Batton and William H. Batton, for the sum of $808. 35; and the sheriff of said county executed said writ by attaching certain lands of the Battons, on the same day said writ was issued, and an order of publication was obtained after the sheriff had certified that they were…
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Error to Polk Circuit Court. On the 14th of July, 1862, John Jump filed with the clerk of the Circuit Court of Polk county, his petition, affidavit and bond, and obtained a writ of attachment against James Batton and William H. Batton, for the sum of $808. 35; and the sheriff of said county executed said writ by attaching certain lands of the Battons, on the same day said writ was issued, and an order of publication was obtained after the sheriff had certified that they were not to be found in the county, and upon the oath of the plaintiff that they were non-residents of the State. At a…
1Opinion of the CourtDryden, Judge
1. The writ of attachment in this case was irregular for want of the seal of the court, but was not for that cause a nullity as contended by the plaintiffs in error.
It has been held by this court (Davis v. Wood, 7 Mo. 165), that the provision of the State constitution requiring all writs and process to run in the name of “the State of Missouri,” is merely directory, and that an omission to comply with the requirement is only an irregularity; so in regard to sealing. The statute requires all writs and process to be under the seal of the court from which they issue, but it nowhere declares the…
2Cases cited3 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Davis v. WoodSupreme Court of Missouri · 1841
- Fairlie v. MaxwellNew York Supreme Court · 1828
3Cited by7 opinions
- State v. FosterSupreme Court of Missouri · 1876
- Benedict v. W. T. Hadlow Co.Supreme Court of Florida · 1906
- Gilmer v. BirdSupreme Court of Florida · 1875
- Gordon v. BodwellSupreme Court of Kansas · 1898
- Archibald v. ThompsonSupreme Court of Colorado · 1874
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