Springfield Engine & Thresher Co. v. Glazier
Missouri Court of Appeals
Appeal from the DeKalb Circuit Court. — Hon. Ohas. H. S. Goodman, Judge. (1) The court erred in refusing the fourth instruction prayed for by the defendant, Glazier. Revised Statutes, sec. 572, p. 229. There are no statutes for the filing of interpleas in attachment cases before justices, other than section 604, page 234. Spooner v. Boss, 24 Mo.
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Appeal from the DeKalb Circuit Court. — Hon. Ohas. H. S. Goodman, Judge. (1) The court erred in refusing the fourth instruction prayed for by the defendant, Glazier. Revised Statutes, sec. 572, p. 229. There are no statutes for the filing of interpleas in attachment cases before justices, other than section 604, page 234. Spooner v. Boss, 24 Mo. App. 603; Bergart v. Bor chert, 59 Mo. 85; Scott v. Bussell, 39 Mo. 410. (2) The court erred in admitting in evidence the chattel mortgage from John and Robert Head to this plaintiff, and in refusing the sixth instruction prayed for by defendant. If…
1Opinion of the CourtSmith, P. J.
It appears from the record in this case that Henry E. Glazier commenced a suit by attachment against John and Robert Head before a justice of the peace of DeKalb county. The writ of attachment was levied on certain personal property which was, on the application of the plaintiff therein, ordered by the justice to be sold under the provision of section 493, Revised Statutes. After wards, the Springfield Engine and Thresher Company filed an interplea claiming the attached property.
Upon the issue so made between the plaintiff in the attachment and the interpleader the case was subsequently tried…
2Cases cited16 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Frank v. MinerIllinois Supreme Court · 1869
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Koehring ex rel. Martin v. MuemminghoffSupreme Court of Missouri · 1875
- Greeley v. ReadingSupreme Court of Missouri · 1881
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- State ex rel. Hirsch v. I. Silverstein & Co.Missouri Court of Appeals · 1898
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