Torreyson v. Turnbaugh
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — No». E. M. Hughes, Judge. (1) The dissolution of an attachment caused by the dismissal of the suit gives to the defendant (not to some outside party) the right to the possession of the attached property. Camp v. Schuster, 51 Mo.
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Appeal from Audrain Circuit Court. — No». E. M. Hughes, Judge. (1) The dissolution of an attachment caused by the dismissal of the suit gives to the defendant (not to some outside party) the right to the possession of the attached property. Camp v. Schuster, 51 Mo. App. 406 ; Smead v. Wegman, 27 Mo. 196; Young v. Kellar, 94 Mo. 599. (2) The instruction refused and of which complaint is made embodies the theory of estoppel and as no estoppel was pleaded there was no such issue in the case. There is nothing better settled in the law of this State than the fact, that a party seeking to take…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).
1. As has been frequently stated in the numerous cases found in the appellate courts of this State an interplea is another and independent action engrafted on the original proceedings, in which the interpleader assumes the attitude of plaintiff and the attaching creditor that of defendant; being substantially and in effect an action of replevin for the recovery of the specific property levied on under the attachment writ, and in which it .devolves upon the interpleader to establish, that he was owner of such property at the time it was attached, or that he…
2Cases cited8 opinions
- Brownwell & Wight Car Co. v. BarnardSupreme Court of Missouri · 1897
- Thompson v. CohenSupreme Court of Missouri · 1895
- Wyeth Hardware Co. v. Carthage Hardware Co.Missouri Court of Appeals · 1898
- Ely-Walker Dry Goods Co. v. McLaughlin, Dyer & Co.Missouri Court of Appeals · 1901
- I. Stadden Grocery Co. v. LuskMissouri Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bankers' Mortgage Co. v. SohlandSuperior Court of Delaware · 1927
- Harpham Bros. v. PerrySupreme Court of Kansas · 1925
- Haines v. Chicago, Rock Island & Pacific RailwayMissouri Court of Appeals · 1916
- Keet-Roundtree Dry Goods Co. v. HodgesMissouri Court of Appeals · 1913
- State Bank of West Union v. KeeneyMissouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.