Mense v. Osbern
Supreme Court of Missouri
ERROR to the circuit court of Franklin, county. The plaintiff in error will rely upon the following points and authorities: 1. That the plaintiff below should have- been compelled to go to trial on the issue joiued upon the truth of the affidavit on which the attachment issued, or the suit should have been dismissed, none of the garnishees having answered, and having property-of Mense’s in their hands — Acts’ of 1836-7, p. 9,. sec. 5; Stat. of Mo. p. 79, sec. 22. 2. That the…
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ERROR to the circuit court of Franklin, county. The plaintiff in error will rely upon the following points and authorities: 1. That the plaintiff below should have- been compelled to go to trial on the issue joiued upon the truth of the affidavit on which the attachment issued, or the suit should have been dismissed, none of the garnishees having answered, and having property-of Mense’s in their hands — Acts’ of 1836-7, p. 9,. sec. 5; Stat. of Mo. p. 79, sec. 22. 2. That the statement of the record, that “it appearing to the court that.the garnishees had nothing in their hands,” should be…
1Opinion of the CourtTompkins, Judge
Osbern sued Mense in the circuit court, where he had a judgment; and Mense brings the cause by writ of error into this court, to reverse that judgment. Osbern filed an affidavit and obtained an attachment against the goods, &c. of Mense,
Mense filed a plea in the nature of a plea in abatement putting in issue the truth of the affidavit upon which the attachment was sued out. The circuit court, on motion *546of the plaintiff, dissolved ihe attachment and discharged some persons who had been summoned as garnishees. The defendant excepted to the opinion of the court dissolving the attachment. The…
2Cited by2 opinions
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- Bank v. BankOhio Supreme Court · 1892