State ex rel. Leahy v. Barnett
Missouri Court of Appeals
Original Proceeding. Prohibition. (1) There is no fixed situs of a debt. It follows the domicile either (a) of the owner or (b) the debtor. Ordinarily it is the domicile of the owner that determines the situs of a debt but for the purpose of attachment it may be the domicile of the debtor. In the case at bar the domicile of the alleged owners of the debt, or creditors, is Canada, and the domicile of the alleged debtors, relators herein, is the city of St. Louis.
Read the full summary
Original Proceeding. Prohibition. (1) There is no fixed situs of a debt. It follows the domicile either (a) of the owner or (b) the debtor. Ordinarily it is the domicile of the owner that determines the situs of a debt but for the purpose of attachment it may be the domicile of the debtor. In the case at bar the domicile of the alleged owners of the debt, or creditors, is Canada, and the domicile of the alleged debtors, relators herein, is the city of St. Louis. By no possibility can there be said to be a situs of the debt in ■the county of Audrain. “Wherever the creditor might maintain a…
1Opinion of the CourtNortoni, J.
This is a proceeding in prohibition instituted in this court. Respondent is the judge of the circuit court of Audrain county.
It appears that Samuel M. Locke and E. R. Locke, residents of Audrain county, Missouri, instituted their suit by attachment against Alfred H. Woodman, James H. Sanderson, David William Adam, Henry W. Laird, Donald McLean and John McLean, defendants, in the circuit court of Audrain county. All of the defendants in attachment above named are said to be residents of the Dominion of Canada, and the affidavit in attachment so recites the fact to be — that is, the' attachment…
2Cases cited10 opinions
- Huxley v. HarroldSupreme Court of Missouri · 1876
- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Supreme Court of Missouri · 1895
- Howland v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1896
- Wilson v. BeckwithSupreme Court of Missouri · 1897
- Tinsley v. SavageSupreme Court of Missouri · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Boatmen's Union National Bank v. WeltonMissouri Court of Appeals · 1982
- Trinidad Asphalt Manufacturing Co. v. Standard Oil Co.Missouri Court of Appeals · 1924
- Industrial Loan & Investment Co. v. Missouri State Life InsuranceMissouri Court of Appeals · 1928
- Locke v. WoodmanMissouri Court of Appeals · 1922
- State Ex Rel. Reid v. BarrettMissouri Court of Appeals · 1938