John H. Schroeder Wine & Liquor Co. v. Willis Coal & Mining Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) For the purposes of attachment a debt has a situs wherever the debtor can be found. Neither is it materia] that the debt was not made payable in the State where the attachment proceedings are instituted. Wyeth IT. & M. Co. v. Lang, 54 Mo. App. 147; Wyeth IT. & M. Co. v. Lang, 127 Mo. 242; Dinkins v. Crunden Martin W. Co., 99 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) For the purposes of attachment a debt has a situs wherever the debtor can be found. Neither is it materia] that the debt was not made payable in the State where the attachment proceedings are instituted. Wyeth IT. & M. Co. v. Lang, 54 Mo. App. 147; Wyeth IT. & M. Co. v. Lang, 127 Mo. 242; Dinkins v. Crunden Martin W. Co., 99 Mo. App. 310'; Howland v. Railroad,, 134 Mo. 474; Shull v. Railroad, 221 Mo. 140; Reno on Non-Residents, sec. 148; Harvey v. Railroad, 50' Minn. 405, 17 L. R. A. 84; Pennoyer v. Neff, 95 U. S.…
1Opinion of the CourtReynolds, P. J.
Appellant, plaintiff below, brought its action before a justice of the peace in the •city of St. Louis against one Perrina and another, to recover a balance alleged to be due it on an account, the balance claimed being $127.33. A writ of attach-, ment was sued out against the defendants and the Willis Coal & Mining Company summoned as garnishee, notice of attachment of any sum or sums due by it to defendants being duly served upon the garnishee. There was no personal service upon defendants, whatever service was had on them being by publication, nor did they appear or answer, but judgment…
2Cases cited10 opinions
- Howland v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1896
- Osborne v. SchuttSupreme Court of Missouri · 1878
- Stoeckman v. Terre Haute & Indianapolis RailroadMissouri Court of Appeals · 1884
- Hurley v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
- Davis v. MeredithSupreme Court of Missouri · 1871
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3Cited by5 opinions
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- Strawn Mercantile Co. v. First Nat. Bank of StrawnCourt of Appeals of Texas · 1925
- WM. Cameron & Co. v. AbbottCourt of Appeals of Texas · 1924
- Beneficial Finance Co. of Houston v. Yellow Transit Freight Lines, Inc.Missouri Court of Appeals · 1969
- In Re FernandezUnited States Bankruptcy Court, W.D. Texas · 2011