Houston v. Woolley
Missouri Court of Appeals
Appeal from the Barton Circuit Court.— Hon. D. P. Stratton, Judge. (1) Attachment cannot be grounded upon an action ex delicto, except where the injuries sued for grow out of the commission of a felony or misdemeanor, or for the seduction of a female, and only in these excepted cases because clearly defined by statute to be basis of attachment.
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Appeal from the Barton Circuit Court.— Hon. D. P. Stratton, Judge. (1) Attachment cannot be grounded upon an action ex delicto, except where the injuries sued for grow out of the commission of a felony or misdemeanor, or for the seduction of a female, and only in these excepted cases because clearly defined by statute to be basis of attachment. The case at bar is an action of libel, and the only ground of attachment, alleged by plaintiff’s affidavit, is the non-residence of the defendant. Non-residence is only ground for attachment in actions founded upon some actual existing indebtedness,…
1Opinion of the CourtSmith, P. J.
This was an action of attachment brought by the plaintiff against the defendant in the circuit court of Barton county to recover damages. The petition contains two counts, the first of which alleged that on the eighteenth day of October, 1887, Myron Woolley, the defendant herein, did wrongfully and maliciously write, compose and send to plaintiff herein, a certain letter containing wicked and scandalizing language concerning the plaintiff, and did, with the intent to frighten said plaintiff, therein threaten to have the plaintiff arrested and imprisoned in the state’s prison, and did threaten…
2Cases cited8 opinions
- Birch v. BentonSupreme Court of Missouri · 1858
- Byler v. JonesSupreme Court of Missouri · 1883
- State ex rel. Harvey v. ManningSupreme Court of Missouri · 1884
- Curry v. CollinsSupreme Court of Missouri · 1866
- Bachman v. LewisMissouri Court of Appeals · 1887
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3Cited by6 opinions
- Insurance Research Service, Inc. v. Associates Finance Corp.District Court, M.D. Tennessee · 1955
- Richard R. Riss, Sr. v. Ardith L. AndersonCourt of Appeals for the Eighth Circuit · 1962
- William Deering & Co. v. CollinsMissouri Court of Appeals · 1889
- Howard v. WilsonMissouri Court of Appeals · 1917
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
1 more not listed; retrieve them via the Exa API.