Legal Opinion

Chenault v. Chapron

Supreme Court of Missouri

Decided September 15, 1838PublishedCited by 2 opinions

APPEAL from the circuit court of Morgan county. The appellant will insist upon the following points-: 1. That the court improperly sustained the demurrer to defendant’s plea in abatement — Stevenson & Hoard v-Robbins, 5 vol. Mo. Reports. 2. That the court erred in overruling the defendant’s motion to dismiss the writ of attachment.

1Opinion of the CourtEdwards, Judge

Chapron & Niedelet sued Chenault by attachment in the Morgan circuit court.

The statement of the cause of action on which the attachment was founded, was in the form used in suits by petition in debt. The affidavit filed in the cause states that the affiant “verily believes that the above named John Chenault is about to remove his property out.of the State of Missouri, so as to hinder or delay his creditors.” At the return term of the writ, the defendant appeared and filed a plea in the nature of a plea in abatement, alleging “that he, the said John Chenault, did not intend to remove his…

2Cited by2 opinions

  1. Mahner v. LinckMissouri Court of Appeals · 1897
  2. F. A. Drew Glass Co. v. BaldwinMissouri Court of Appeals · 1887

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