Adler v. Anderson
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The right to pnt in issue the facts alleged in the affidavit, on which an attachment is sued out, is given by statute alone to the defendant, except where he is not personally served and fails to enter his appearance, and is a privilege personal to the defendant.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The right to pnt in issue the facts alleged in the affidavit, on which an attachment is sued out, is given by statute alone to the defendant, except where he is not personally served and fails to enter his appearance, and is a privilege personal to the defendant. R. S, 1889, sec. 561; Landaioer v. Vietor, 69 Wis. 434, 442 ; Sannover v. Jacobson, 47 Ark. 31, 41. (2) If the proceedings in the first attachment áre regular on their face, then nothing short of fraud wall entitle a subsequent attaching creditor to…
1Opinion of the CourtBiggs, J.
The plaintiffs were the first attaching creditors of Eli T. Anderson. Their suit was begun in the circuit court of the city of St, Louis, and a writ of attaphment was sent to Dunklin county and levied upon property belonging to the defendant. After this levy had been made the Wear-Boogher Dry-goods Company and Joseph Baum & Co. instituted actions by attachment against Anderson in the circuit court of Dunklin county, and their writs were also levied upon the same property. On the fourth day of November, 1889, a judgment was rendered in favor of the plaintiffs in the attachment suit for the sum…
2Cases cited13 opinions
- Huxley v. HarroldSupreme Court of Missouri · 1876
- Carter v. ChampionSupreme Court of Connecticut · 1831
- Brandon Iron Co. v. GleasonSupreme Court of Vermont · 1852
- Landauer v. VietorWisconsin Supreme Court · 1887
- St. Louis Coffin Co. v. RubelmanMissouri Court of Appeals · 1884
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3Cited by4 opinions
- Barton Bros. v. HunterMissouri Court of Appeals · 1894
- State National Bank v. Union National BankIllinois Supreme Court · 1897
- Burnham, Hanna, Munger & Co. v. BlankMissouri Court of Appeals · 1892
- Doggett, Baskett & Hill Co. v. WimerMissouri Court of Appeals · 1893