Bray v. McClury
Supreme Court of Missouri
Jlppeal from, Greene Circuit Court„ I. The affidavit to the truth of the facts in the petition, and. the additional affidavit of non-residence of the defendants, taken together, constitute almost a literal compliance with the statute. (Drake Att., Ch. 5, § 95.) The most important point in the affidavit is the ground of the attachment, which is here clearly stated.
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Jlppeal from, Greene Circuit Court„ I. The affidavit to the truth of the facts in the petition, and. the additional affidavit of non-residence of the defendants, taken together, constitute almost a literal compliance with the statute. (Drake Att., Ch. 5, § 95.) The most important point in the affidavit is the ground of the attachment, which is here clearly stated. (Drake Att., Ch. 5, §§ 97,98 ; Ibid, §§ 106, 113; Vankirk vs. Wilds, 11 Barb., 524; Curtis vs. Settle, 7 Mo., 452; Graham vs. Ruff, 8 Ala., 172; Wallis vs, Wallace, 6 How., [Miss.] 254; 7 Humph,, 210; 1 Sm- & M., 503.) II. The…
1Opinion of the CourtAdams, Judge
This was an action of ejectment, commenced in the Dade Circuit Court, for lands lying in that county, and taken by change of venue to the eounty of Greerfe. Both parties trace their title to John N. Ferguson as the original source,who was formerly seized of tlie premises. The record shows, that the Merchants Bank of St. Louis brought a suit by attachment against Ferguson and others on a bill of exchange in 1865 in the Dade Circuit Court. The petition was in the usual form, *132verified by affidavit, as the practice act required at that tina e.
To the petition was appended an additional affidavit,…
2Cited by18 opinions
- Skelton v. SackettSupreme Court of Missouri · 1886
- Burnett v. McClueySupreme Court of Missouri · 1883
- Hargadine v. Van HornSupreme Court of Missouri · 1880
- Burnett v. McClueySupreme Court of Missouri · 1887
- Farmington Production Credit Ass'n. v. EstesMissouri Court of Appeals · 1974
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