McElfatrick v. Macauley
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. No notice to obligors of order, to deliver the check to the sheriff, was required. — 1 Rev. Stats., tit. “Attachment,” sects. 421, 451, 452, pp. 66, 72; Weed v. Dills, 34 Mo. 483. The Hen of the attachment survived the execution of the bond by Fletcher, and attached to the check in his hands. — Drake Attachment (5th ed.), ch. 13, sect. 331; Evans v. King, 7 Mo. 411; Haber v. Klauberg, 3 Mo.
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Appeal from the St. Louis Circuit Court, Horner, J. No notice to obligors of order, to deliver the check to the sheriff, was required. — 1 Rev. Stats., tit. “Attachment,” sects. 421, 451, 452, pp. 66, 72; Weed v. Dills, 34 Mo. 483. The Hen of the attachment survived the execution of the bond by Fletcher, and attached to the check in his hands. — Drake Attachment (5th ed.), ch. 13, sect. 331; Evans v. King, 7 Mo. 411; Haber v. Klauberg, 3 Mo. App. 342. Fletcher, by receiving the property and placing himself and the check outside the jurisdiction of the court, dispensed with the notice to him…
1Opinion of the CourtThompson, J.
The substance of this matter, buried' in motions and cross-motions, is that the plaintiff brought a suit by attachment against Macauley, and levied the same on a cashier’s check for $815, in the hands of Fletcher. Fletcher gave a forthcoming bond with two sureties. The attachment suit proceeded to judgment against the defendant. Execution was returned nulla bona. On motion of the plaintiff, the court ordered the sheriff to assign the forthcoming bond to the plaintiff, which the sheriff accordingly did. Thereupon, on motion of the plaintiff, an order was made by the court upon Fletcher, the…
2Cases cited4 opinions
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
- Waterman v. FrankSupreme Court of Missouri · 1855
- Page & Bacon v. ButlerSupreme Court of Missouri · 1851
- State ex rel. Armstrong Bros. v. LangdonSupreme Court of Missouri · 1874
3Cited by4 opinions
- Bradley Hubbard Manufacturing Co. v. BeanMissouri Court of Appeals · 1886
- Enterprise Bank v. Magna Bank of MissouriDistrict Court, E.D. Missouri · 1995
- Lindsey v. DixonMissouri Court of Appeals · 1893
- Huels v. BoettgerMissouri Court of Appeals · 1890