Roberts v. One International Tractor, Missouri License No. 158-164

Fishburné, J.:

This was an action for the recovery of damages in which the plaintiff obtained from the magistrate for the Third Magisterial District of Sumter County a writ of attachment authorizing the seizure of the defendant’s tractor and trailer, which were the property of the defendant, William Cohen, a non-resident.

The warrant was issued on April 1, 1947, on the affidavit of the plaintiff. And the only question presented by the appeal is whether the circuit court committed error in vacating the attachment upon the ground that the affidavit on which it was based was insufficient and…