Staed v. Mahon
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The defendant in attachment will, at the trial of the issues under his plea in abatement, be estopped from denying the truth of statements made by him to the plaintiff, if the matters stated in themselves, without the aid of any inference, constitute ground for attachment, and were relied upon, as such ground, by plaintiff in the institution of the suit. McNichols v. Wise, 62 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The defendant in attachment will, at the trial of the issues under his plea in abatement, be estopped from denying the truth of statements made by him to the plaintiff, if the matters stated in themselves, without the aid of any inference, constitute ground for attachment, and were relied upon, as such ground, by plaintiff in the institution of the suit. McNichols v. Wise, 62 Mo. App. 443; Reinhart v. Grant, 24 Id. 154; Msenhardt v. Caíame, 16 Id. 531; Bank v. Cooper, 40 Mo. 169. If a person contracts a debt when all his…
1Opinion of the CourtBiggs, J.
This is an appeal from .a judgment on a plea in abatement. On the twenty-third day of November, 1893, the plaintiff: instituted an attachment suit against the defendant. The alleged grounds of the attachment were that the defendant had fraudulently conveyed or assigned or was about fraudulently to convey or assign his property, and that he had fraudulently concealed or disposed of or was about fraudulently to conceal or dispose of his property so as to hinder or delay his creditors, and that the debt sued for was fraudulently contracted. The defendant filed a plea in abatement, which was…
2Cases cited3 opinions
- Langford v. SangerSupreme Court of Missouri · 1867
- McNichols v. WiseMissouri Court of Appeals · 1895
- Rheinhart v. GrantMissouri Court of Appeals · 1887