Hunter v. Anthony
Missouri Court of Appeals
Appeal from Pemiscot County Circuit Court. — Eon. . Sterling II. McCarty, Judge. (1) An attachment cannot- issue on a demand not yet due on the ground of the defendant being a nonresident of the State of Missouri.
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Appeal from Pemiscot County Circuit Court. — Eon. . Sterling II. McCarty, Judge. (1) An attachment cannot- issue on a demand not yet due on the ground of the defendant being a nonresident of the State of Missouri. Section 1726, R. S. 1919 ; Mastín et al. v. The First National Bank of Kansas City, 65 Mo. 16. (2) It was incumbent upon the plaintiff to show fraud in the conveyance made by defendant Anthony to Maxwell, the State Bank Commissioner and failing to show fraud the court should have given defendant’s peremptory instructions at the close of all the evidence. Union National Bank of…
1Opinion of the CourtFarrington, J.
This is a suit begun by the respondent in the circuit court of Pemiscot county against the defendant, appellant, on a note for $5000, having been executed' by W. O. Anthony, the defendant, and one B. H. Wilhite. In aid of this suit an attachment was sued out, and among a number of grounds set up was the seventh ground under the statute, found in section 1725, Revised Statutes of Missouri of 1919, which was that the defendant had fraudulently conveyed or assigned his property or effects so as to hinder or delay his creditors. It appears from the record that Anthony owed the plaintiff this…
2Cases cited5 opinions
- Roselle v. BeckemeirSupreme Court of Missouri · 1896
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Coleman v. Kansas City, St. Joseph & Council Bluffs RailroadCourt of Appeals of Kansas · 1889
- M. H. Pattison & Son v. LettonMissouri Court of Appeals · 1894
- Gill v. Ely-Norris Safe Co.Missouri Court of Appeals · 1913
3Cited by1 opinion
- Friedel v. BaileySupreme Court of Missouri · 1931