Haeussler v. Laclede Bank
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M„ Thayee, Judge. A person other than the defendant in a writ of attachment whose - property is wrongfully taken thereunder, may maintain an action against the plaintiff in the attachment suit, if he directed or assented to the wrongful levy, to recover the damages sustained. Buck n.
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Appeal from the St. Louis Circuit Court, Amos M„ Thayee, Judge. A person other than the defendant in a writ of attachment whose - property is wrongfully taken thereunder, may maintain an action against the plaintiff in the attachment suit, if he directed or assented to the wrongful levy, to recover the damages sustained. Buck n. ColbatJi, 5 Wall. 334'; Lamon ®. Feusier, 111 U. S. 19; Perrin v. Clajlin, 11 Mo. 13; Tose r>. Woods, 34 Hun [N. Y.] 447; McDaniel v. Gardner, 34 La. An. 341. Though an attachment is wrongfully levied upon the property of another than the defendant, without malice,…
1Opinion of the Court
Rombatter, J.,
delivered the'opinion of,,the court.
• Two questions of law are raised by this appeal: 1. Whether there is a defect of parties plaintiff in the petition. 2. Whether the petition states facts sufficient to constitute a cause of action.
A demurrer was interposed to the petition on these two grounds, the demurrer was sustained by the trial court, and the plaintiff refusing to plead further, judgment was entered for the defendant.
The petition in substance states, that the plaintiff was, at the date of the alleged grievance, the owner in fee of certain real estate in the state of…
2Cases cited1 opinion
- Bailey v. EllisSupreme Court of Arkansas · 1860
3Cited by2 opinions
- Albers v. Merchants' ExchangeSupreme Court of Missouri · 1897
- State ex rel. Patterson v. TittmanMissouri Court of Appeals · 1893