Sutton v. Stevens
Missouri Court of Appeals
Appeal from the Wayne Circuit Court. — Hon. John L. Thomas, Judge. (1) Unless aided by statute, neither the first nor second petition states a cause of action, and no attachment will lie. Hearne v. Keith, 63 Mo. 84; Burckhardt v. Helfrich, 77 Mo. 382; Bauer ». Gray, 18 Mo.
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Appeal from the Wayne Circuit Court. — Hon. John L. Thomas, Judge. (1) Unless aided by statute, neither the first nor second petition states a cause of action, and no attachment will lie. Hearne v. Keith, 63 Mo. 84; Burckhardt v. Helfrich, 77 Mo. 382; Bauer ». Gray, 18 Mo. App. 170. (2) The first attachment bond was void, because approved by the clerk, who, himself, was a surety thereon, and who was, as well, one of the sureties on the collector’s bond, for whom the suit was brought. Owens v. John, 59( Mo. 89. (3) The attachment, affidavit and bond of respondents being thus defective, thé…
1Opinion of the CourtRombauer, P. J.
This is a contest for priority of lien, between attaching creditors. The plaintiffs filed their petition in the circuit court of Reynolds county, *45in which they stated, in substance, that they are securities on the defendant’s official bond, as. the collector of revenue for said county, and that defendant has misused and embezzled public moneys coming to his hands, as such collector, and owes the state six thousand dollars, for which amount the plaintiffs, as his securities, are responsible to the state. This petition was verified by the affidavit of one of the plaintiffs, stating that they…
2Cases cited6 opinions
- State ex rel. Chatham National Bank v. FinnSupreme Court of Missouri · 1889
- Davis v. PerrySupreme Court of Missouri · 1870
- Walser v. HaleySupreme Court of Missouri · 1875
- Gilbert v. GilbertMissouri Court of Appeals · 1888
- Jones v. SnodgrassSupreme Court of Missouri · 1874
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