State v. East Joplin Lumber Co.
Missouri Court of Appeals
Appeal from, the Jasper Circuit Court. — Hon. E. C. Crow, Judge. (1) The trial court erred in refusing to allow relator, as damages, the reasonable attorneys’ fees paid by him in the prosecution of the interplea for the attached property. The attachment bond was intended as an indemnity to an interpleader the same as to a defendant or garnishee. This bond is in the statutory form.
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Appeal from, the Jasper Circuit Court. — Hon. E. C. Crow, Judge. (1) The trial court erred in refusing to allow relator, as damages, the reasonable attorneys’ fees paid by him in the prosecution of the interplea for the attached property. The attachment bond was intended as an indemnity to an interpleader the same as to a defendant or garnishee. This bond is in the statutory form. R. S. 1889, sec. 588. (2) It will be observed that sections 404 and 465, Revised Statutes, 1879, were amended in the revision of 1889 by inserting the word “interpleader” after the word “garnishee,” though the fact…
1Opinion of the CourtSmith, P. J.
This case shortly stated is about this:
Statement The defendant, the East Joplin Lumber Company, sued one Randall by attachment. Under the writ certain personal property of the relator was levied on as that of Randall and for which the relator successfully interpleaded in the attachment suit. The relator brought this action on the attachment bond of the East Joplin Lumber Company, the plaintiff in the attachment, to recover by way of damages the amount laid out and expended by him as fees for attorneys employed by him in prosecuting his interplea in the attachment. The uncontradicted evidence…
2Cases cited7 opinions
- State ex rel. Roe v. ThomasSupreme Court of Missouri · 1854
- State ex rel. Clifford v. BeldsmeierSupreme Court of Missouri · 1874
- State ex rel. Rogers v. Gage Bros. & Co.Missouri Court of Appeals · 1893
- Hayden & Smith v. SampleSupreme Court of Missouri · 1846
- State v. ShobeMissouri Court of Appeals · 1886
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3Cited by2 opinions
- State Rel. Stevenson v. American SuretyMissouri Court of Appeals · 1934
- State ex rel. Hirsch v. I. Silverstein & Co.Missouri Court of Appeals · 1898