Ellington v. Moore
Supreme Court of Missouri
Appeal from Chariton Circuit Court. 1. A mere temporary absence from the usual place of abode, although during such absence, no white member of the family be present, does not authorize an attachment. 2. It is not necessary that a person should be in the employ or under the control of another, to constitute such person a member of the family of such other.
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Appeal from Chariton Circuit Court. 1. A mere temporary absence from the usual place of abode, although during such absence, no white member of the family be present, does not authorize an attachment. 2. It is not necessary that a person should be in the employ or under the control of another, to constitute such person a member of the family of such other. A father or brother may be á member of the family of a son or brother, within the meaning of the statute, although the latter may neither employ or control the former. See Johnson’s and Webster’s definitions of the term “ family.”
1Opinion of the CourtGamble, Judge
Ellington sued out an attachment against Moore, alleging in the affidavit filed with the petition, that Moore had absconded *425or absented himself from his usual place of abode in this state, so that the ordinary process of law could not be served upon him ; and also, that he was about to move his property out of this state, so as to delay, hinder or defraud his creditors. The writ was served by attaching the effects of Moore, and by personally summoning him to answer the action. At the return term, he filed a plea under the statute,-denying the facts stated in the affidavit. Upon this plea two…
2Cited by7 opinions
- Colter v. LukeMissouri Court of Appeals · 1908
- Zuckerman v. McCulleyDistrict Court, E.D. Missouri · 1947
- State v. BoyerMissouri Court of Appeals · 1897
- Paddock-Hawley Iron Co. v. GrahamMissouri Court of Appeals · 1892
- Rosenthal v. WindensohlerMissouri Court of Appeals · 1905
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