State ex rel. Rife v. Reynolds
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Eon. J. O. Sheppard, Judge. (1) In a proceeding based upon an attachment bond, it is necessary that the petition allege the nonpayment of the damage, otherwise it is fatally defective.
Read the full summary
Appeal from Butler Circuit Court. — Eon. J. O. Sheppard, Judge. (1) In a proceeding based upon an attachment bond, it is necessary that the petition allege the nonpayment of the damage, otherwise it is fatally defective. Morgan v. Menzies, 60 Cal. 341; Cunningham v. Jacobs, 120 Ind. 306; Hencke v. Johnson, 62 Iowa 555; Church v. Campbell, 35 Pac. 381; Piney v. Hushfield, 1 Mont. 367. (2) Inasmuch, as there can be no recovery, unless the attachment was wrongful, the petition of the plaintiff must allege that the attachment was wrongful. McCullough v. Walton, 11 Ala. 492; Bunt v. Rheum, 52 Iowa…
1Opinion of the CourtNortoni, J.
— This is a suit on an attachment bond. Plaintiff recovered and the defendant appeals. During the progress of the trial, the suit was dismissed as to the surety and the cause proceeded to judgment against the defendant, who is the principal obligor in the bond. It appears the defendant instituted an attachment suit in which the present plaintiff was made defendant, and the attachment writ was levied upon a considerable amount of property owned by her. Plaintiff employed counsel and defended the attachment in *263the circuit court, in which action she prevailed and judgment was given therein in…
2Cases cited19 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Haseltine v. SmithSupreme Court of Missouri · 1900
- Munchow v. MunchowMissouri Court of Appeals · 1902
- State ex rel. Gates v. FitzpatrickSupreme Court of Missouri · 1876
14 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Merrill v. MasonMissouri Court of Appeals · 1911
- State Rel. Stevenson v. American SuretyMissouri Court of Appeals · 1934
- Hatton v. HenmanMissouri Court of Appeals · 1928