Legal Opinion

Shapleigh v. Baird

Supreme Court of Missouri

Decided January 15, 1858PublishedCited by 13 opinions

Appeal from, Cooper Circuit Court. At the March term, 1857, of the Cooper circuit court, a judgment was rendered in favor of Marshall Shapleigh and Francis J. Eue, against Hemy G. Brent. An execution was issued and William E. Baird was summoned as garnishee. The usual interrogatories were filed. The garnishee answered denying that he had any property, money, &c., of Brent’s.

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Appeal from, Cooper Circuit Court. At the March term, 1857, of the Cooper circuit court, a judgment was rendered in favor of Marshall Shapleigh and Francis J. Eue, against Hemy G. Brent. An execution was issued and William E. Baird was summoned as garnishee. The usual interrogatories were filed. The garnishee answered denying that he had any property, money, &c., of Brent’s. To this answer the plaintiffs, Shapleigh and Eue, filed a denial, alleging substantially that Baird was then in possession of a large amount of money as trustee under a certain deed of assignment made by said Brent, in…

1Opinion of the CourtNapton, Judge

The 39th section of the act concerning voluntary assignments (R. C. 1855, p. 210), which was added to this law at the late revision, has given rise to some doubts as to the effect of partial assignments since the passage of the act. This provision has been supposed to invalidate all assignments by a debtor to a portion of his creditors, or at least to make such assignment in effect a general one, so as to let in all the creditors and entitle them to an equal distribution of the property assigned. Previous to the insertion of this section such a construction could hardly have been given to the…

2Cited by13 opinions

  1. Crow v. BeardsleySupreme Court of Missouri · 1878
  2. Western Manufacturing Co. v. WoodsonSupreme Court of Missouri · 1895
  3. Sandwich Manufacturing Co. v. MaxSouth Dakota Supreme Court · 1894
  4. Douglass v. CissnaMissouri Court of Appeals · 1885
  5. Henderson v. PierceIndiana Supreme Court · 1886

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