Legal Opinion

Ely v. Ownby

Supreme Court of Missouri

Decided March 15, 1875PublishedCited by 7 opinions

Appeal from, Adair Circuit Court. I. The effect of the attachment in the suit of Adair county vs. Ownby was to attach all the property received by Ely. (Wagn. Stat., 185, § 23, clause 5; Id., p. 664, §4.) II. Ely could not have, received the Reed warrant in any other capacity than that of Receiver. Reed was garnisheed long before the appointment in the case of Reed vs. Ownby. And the suit of Reed v. Ownby was not dismissed till five days after the appointment.

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Appeal from, Adair Circuit Court. I. The effect of the attachment in the suit of Adair county vs. Ownby was to attach all the property received by Ely. (Wagn. Stat., 185, § 23, clause 5; Id., p. 664, §4.) II. Ely could not have, received the Reed warrant in any other capacity than that of Receiver. Reed was garnisheed long before the appointment in the case of Reed vs. Ownby. And the suit of Reed v. Ownby was not dismissed till five days after the appointment. I. The Reed warrants were purchased by-the sureties with their note prior to the appointment of the receiver, and lie is responsible…

1Opinion of the CourtNapton, Judge

The record in this case is three hundred pages of manucript, containing long accounts, consisting of a multitude of items, a referee’s report, which details all the evidence be*439fore him, and a statement of the facts which, in his opinion, the evidence established exceptions to this report, and the action of the Circuit Court on the exceptions.

From this manuscript volume we have to gather the facts and the points of exception. It is difficult under such circumstances, and in such an investigation, to feel assured that mistakes have not been committed, especially as to the details; and to…

2Cited by7 opinions

  1. O'Neill v. CapelleSupreme Court of Missouri · 1876
  2. Adair County v. OwnbySupreme Court of Missouri · 1882
  3. Prendergast v. EyermannMissouri Court of Appeals · 1885
  4. Seaman v. PaddockMissouri Court of Appeals · 1892
  5. J. Kennard & Sons Carpet Co. v. PeckMissouri Court of Appeals · 1885

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