Bradley Hubbard Manufacturing Co. v. Bean
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of case by the court. This is an attachment suit. Under the writ of attachment the sheriff seized as the property of the defendant, certain property in the hands of the interpleader.
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Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of case by the court. This is an attachment suit. Under the writ of attachment the sheriff seized as the property of the defendant, certain property in the hands of the interpleader. At the time of the said seizure the interpleader gave to the sheriff the following notice in writing: “ To John C. Hope, sheriff of Jackson county, Missouri: Take notice, that I claim as my property the goods and chattels levied upon by you as the property of Heman L. Bean, by virtue of an execution issued in favor of the American Cutlery…
1Opinion of the Court
I
Hall, J,
The plaintiff contends that the interplea was improperly filed in this case, it having been filed after a final judgment had been rendered in favor of the plaintiff in the attachment suit. The record fails to show that such was the fact, and wfe are bound by the record.
II
The only other question presented and argued by counsel is, whether the interpleader by giving the forthcoming bond to the sheriff, under the circumstances in evidence, was estopped from claiming the property fey interplea. Upon this question the case,' it seems to fee conceded, depends. The trial court held that the…
2Cases cited7 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
- Haxtun v. SizerSupreme Court of Kansas · 1880
- Wolf v. HahnSupreme Court of Kansas · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- Hellman & Co. v. Pollock & Co.Missouri Court of Appeals · 1891
- Woods-Egan Live-Stock Commission Co. v. HicksSupreme Court of Kansas · 1914
- Mansur v. HillMissouri Court of Appeals · 1886
- Lindsey v. DixonMissouri Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.