Legal Opinion

CS Foreman Company v. HB Zachry Company

District Court, W.D. Missouri

Decided January 22, 1955No. 9110PublishedCited by 9 opinions

1Opinion of the Court

WHITTAKER, District Judge.

Garnishee, Magnolia Pipeline Com-, pany, has moved for an order releasing and discharging it, as garnishee, for the reason that this action was commenced in the state court by the plaintiff by attachment — on the ground of non-residence and without bond — and the defendant has now filed an answer to the merits, which, garnishee argues, constitutes a general entry of appearance by defendant, and that plaintiff has not, within ten days from the service and filing of defendant’s answer, filed an attachment bond, and, therefore, the attachment is “dissolved as of…

2Cases cited9 opinions

  1. Carter v. PowellCourt of Appeals for the Fifth Circuit · 1939
  2. Devine v. GriffenhagenDistrict Court, D. Connecticut · 1940
  3. Johnson v. ScarboroughDistrict Court, S.D. Texas · 1949
  4. Donovan v. GibbsSupreme Court of Missouri · 1916
  5. Orange Theatre Corp. v. Rayherstz Amusement Corp.District Court, D. New Jersey · 1941

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3Cited by9 opinions

  1. Jasper v. SmithSouth Dakota Supreme Court · 1995
  2. Canaday v. Superior CourtSupreme Court of Delaware · 1955
  3. Lubrication Engineers, Inc. v. ParkinsonMissouri Court of Appeals · 1961
  4. In re J.W.W.South Dakota Supreme Court · 1983
  5. Chas. D. Long and Samuel H. Liberman, Trustees, and Paul E. Hord and Jane S. Hord v. Victor Products Corporation, a CorporationCourt of Appeals for the Eighth Circuit · 1962

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