Third National Bank v. Garton
Missouri Court of Appeals
Appeal from the Johnson Circuit Court.- — Hon. Chas. W. Sloan, Judge. (1) The paper styled an affidavit for an attachment was a nullity because (1) it lácked the signature of the affiant, and (2) the jurat was unsigned. Ha/rgadine v. VanHorn, 72 Mo. 370; Burnett v. McCluey, 78 Mo. 677, loc. cit. 689 ; Bray v. McCluey, 55 Mo. 128 ; Owens v. Johns, 59 Mo. 89. The motion to quash the writ of attachment was the proper procedure to raise the question. Owens v.- Johns, supra.
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Appeal from the Johnson Circuit Court.- — Hon. Chas. W. Sloan, Judge. (1) The paper styled an affidavit for an attachment was a nullity because (1) it lácked the signature of the affiant, and (2) the jurat was unsigned. Ha/rgadine v. VanHorn, 72 Mo. 370; Burnett v. McCluey, 78 Mo. 677, loc. cit. 689 ; Bray v. McCluey, 55 Mo. 128 ; Owens v. Johns, 59 Mo. 89. The motion to quash the writ of attachment was the proper procedure to raise the question. Owens v.- Johns, supra. (2) The filing of an affidavit in compliance with the statutes was a sine qua non to the issuance of a valid writ of…
1DissentSmiti-i, P. J.
(dissenting). — I. Although I concurred in the opinion in» this case, as is therein stated. I have become satisfied by further examination and reflection, that I erred in so doing, and I shall make this the occasion for changing my front in respect thereto, and for stating the reasons which have induced the change of conviction.
*124It will be observed from the statement of the case that the affidavit for attachment and the certificate of the clerk, appended to the plaintiff’s petition, are unexceptionable, except that the name of the affiant was not signed to the affidavit, nor that of the clerk…
2Cases cited18 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Burnett v. McClueySupreme Court of Missouri · 1883
- Hargadine v. Van HornSupreme Court of Missouri · 1880
- Burnett v. McClueySupreme Court of Missouri · 1887
- Bray v. McClurySupreme Court of Missouri · 1874
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