Scott Hardware Co. v. Riddle
Missouri Court of Appeals
Appeal from the Cape Girardeau Court of Common Pleas.— Hon. F. F. Burrough, Judge. -■ - (1) The term fraud, as understood in the statutes concerning fraudulent conveyances, has the same meaning in the attachment law,- and it is not necessary to show that the act originated in any design to commit fraud. ' In other words it is determined by its legal effect and the intention with which it is done cuts no figure.
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Appeal from the Cape Girardeau Court of Common Pleas.— Hon. F. F. Burrough, Judge. -■ - (1) The term fraud, as understood in the statutes concerning fraudulent conveyances, has the same meaning in the attachment law,- and it is not necessary to show that the act originated in any design to commit fraud. ' In other words it is determined by its legal effect and the intention with which it is done cuts no figure. Reed v. Pelliteer, 28 Mo. 173; Bullene v. Barrett, 87 Mo. 185; Smith v. Ham, 51 Mo. App. 433; Noyes, Norman & Co. v. Cunningham, 51 Mo. App. 194. (2) It was the plain duty of the trial…
1Opinion of the CourtBland, P. J.
By agreement of parties the venue of the cause was changed from the Stoddard Circuit Court to the Cape Girardeau Court of Common Pleas. Section 19 of the act establishing the Cape Girardeau Court of Common Pleas (vol. 2, page 2582, R. S. 1899), provides that “all causes in which a change of venue shall be awarded by the circuit court of any other county to the county of Cape Girardeau shall be certified and transferred to the circuit court as heretofore.” The award of the venue of the cause to the common pleas court was in violation of this section, and for this reason it is insisted that,…
2Cases cited21 opinions
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- Dowdy v. WambleSupreme Court of Missouri · 1892
- Ex parte O'BrienSupreme Court of Missouri · 1895
- Calumet Paper Co. v. Haskell Show Printing Co.Supreme Court of Missouri · 1898
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
16 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cole v. ColeMissouri Court of Appeals · 1901
- American Life & Accident Insurance Co. v. MorrisMissouri Court of Appeals · 1955
- Handlan-Buck Manufacturing Co. v. Wendelkin Construction Co.Missouri Court of Appeals · 1907
- Bank of Kennett v. Cotton Exchange BankMissouri Court of Appeals · 1934
- State ex rel. Stout v. DuncanMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.