Bennett v. Southern Bank
Missouri Court of Appeals
Appeal from the 'Callaway Circuit Court.—Hon. Jno. A. Hockaday, Judge. (1) The truth of an affidavit of an attachment can not be inquired into in a suit on the bond. Hayclen et al. v. Sample, 10 Mo. 215. (2) The court erred in sustaining the demurrer filed by plaintiif to the first count or defense in defendant’s answer. 1 R. S. 1889, sec. 2068, p. 545; Beardslee v. Morgner, 73 Mo. 22; /Spurlock v. Railroad, 93 Mo. 13; Austin v. Boyd, 28 Mo.
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Appeal from the 'Callaway Circuit Court.—Hon. Jno. A. Hockaday, Judge. (1) The truth of an affidavit of an attachment can not be inquired into in a suit on the bond. Hayclen et al. v. Sample, 10 Mo. 215. (2) The court erred in sustaining the demurrer filed by plaintiif to the first count or defense in defendant’s answer. 1 R. S. 1889, sec. 2068, p. 545; Beardslee v. Morgner, 73 Mo. 22; /Spurlock v. Railroad, 93 Mo. 13; Austin v. Boyd, 28 Mo. App. 52. (1) The court did not err in overruling the motion to strike out parts of plaintiff’s' petition. The said ruling of the court did not materially…
1Opinion of the CourtGill, J.
—In November, 1890, the defendant bank instituted an attachment suit against the plaintiff, Bennett; the other defendants herein were sureties on the attachment bond. Under said writ of attachment, Bennett’s real estate and personal property were levied on. In the December following, the bank dismissed its attachment against Bennett, and the property theretofore seized by the sheriff was released. This is an action brought on the attachment bond, wherein plaintiff had a verdict and judgment for $550, and defendants appealed. Other facts will be stated further on.
I. In the effort to reverse…
2Cases cited2 opinions
- Wells v. MooreSupreme Court of Missouri · 1872
- Hayden & Smith v. SampleSupreme Court of Missouri · 1846
3Cited by6 opinions
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Coleman v. DaltonMissouri Court of Appeals · 1897
- Swanson v. Great Northern Railway Co.Supreme Court of Minnesota · 1898
- Julian v. Commercial Assurance Co.Missouri Court of Appeals · 1926
- Woodard v. OutlandCourt of Appeals for the Eighth Circuit · 1929
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