Roach v. Burnes
Supreme Court of Missouri
Error to Weston Court of Common Pleas. James N. Burnes, one of the appellees, commenced his suit by attachment in the Weston Court of Common Pleas, in November, 1859, against one George W. Simmons. The defendant Hood, as marshal of the court, attached, by virtue of the writ of attachment in the suit, two roan horses and and one two-liorse wagon, as the pi-operty of said Simmons.
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Error to Weston Court of Common Pleas. James N. Burnes, one of the appellees, commenced his suit by attachment in the Weston Court of Common Pleas, in November, 1859, against one George W. Simmons. The defendant Hood, as marshal of the court, attached, by virtue of the writ of attachment in the suit, two roan horses and and one two-liorse wagon, as the pi-operty of said Simmons. The defendant Simmons gave bond, under 29th section of the attachment act, for the forthcoming of the property when and where the court shall direct. In the bond, Mary Roach, with others, became securities. In…
1Opinion of the CourtDryden, Judge
This was a petition asking that the defendant should be perpetually enjoined from the execution of a judgment for one hundred and seventy-five dollars and ten cents, recovered by Burnes against the complainant. The ground upon which the relief was asked was, that the judgment was recovered on motion, without notice to the complainant, and was therefore void; and that defendants were seeking to enforce the same by execution against the plaintiff’s lands.
*323A temporary injunction was granted. The defendants answered, and on the hearing the court dissolved the injunction and rendered a new judgment…
2Cited by6 opinions
- Napton v. LeatonSupreme Court of Missouri · 1879
- State Ex Rel. Fabrico v. JohnsonSupreme Court of Missouri · 1922
- Patterson v. YanceyMissouri Court of Appeals · 1903
- Sevier v. RoddieSupreme Court of Missouri · 1873
- Wabash Railroad v. McCabeMissouri Court of Appeals · 1892
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