Legal Opinion

Abernathy v. Moore

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 8 opinions

Appeal from Jackson Circuit Court. — Hon. S. H. Woodsow, Judge. The record shows, in brief, a suit instituted; bond and affidavit in attachment filed; property of defendant seized by the proper officer, under writ of attachment, and in custodia legis ; plea in abatement filed by defendant ; issue upon plea in abatement submitted to court; twelve days thereafter defendant’s death suggested.

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Appeal from Jackson Circuit Court. — Hon. S. H. Woodsow, Judge. The record shows, in brief, a suit instituted; bond and affidavit in attachment filed; property of defendant seized by the proper officer, under writ of attachment, and in custodia legis ; plea in abatement filed by defendant ; issue upon plea in abatement submitted to court; twelve days thereafter defendant’s death suggested. The question arises, what was the duty of the justice in the premises % The remedy by attachment is purely statutory. Lackland v. Garesche (56 Mo. 267), and chapter 6, Rev. Stat. of 1879, contains the law…

1Opinion of the Court

Martin, C.

This is a suit by attachment, and was commenced before a justice of Kaw township, Jackson county. In the affidavit setting forth the grounds of the attachment, T. B. Scruggs, the defendant therein, was charged with removing his property out of the state and with removing and concealing it with intent to hinder, delay, and defraud his creditors. It was also alleged that he was about to remove out of the state with the intent to change his domicile. He appeared to the action and by proper plea contested the grounds of the attachment. The justice heard evidence on the issues thus…

2Cases cited18 opinions

  1. Cooper v. ReynoldsSupreme Court of the United States · 1870
  2. Hardin v. LeeSupreme Court of Missouri · 1873
  3. Freeman v. ThompsonSupreme Court of Missouri · 1873
  4. Brown v. WoodySupreme Court of Missouri · 1877
  5. Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880

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3Cited by8 opinions

  1. State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
  2. State Ex Rel. Kelly v. TrimbleSupreme Court of Missouri · 1923
  3. In Re Franz EstateSupreme Court of Missouri · 1952
  4. State ex rel. Folk v. SpencerSupreme Court of Missouri · 1901
  5. United States v. DickersonDistrict Court, E.D. Missouri · 1951

3 more not listed; retrieve them via the Exa API.

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