D. C. Wise Coal Co. v. Columbia Zinc & Lead Co.
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. F. G. Johnston, Judge. (1) The attachment, which was the only-possible basis of the motions for the order to produce the attached property, and for assignment of the alleged bond, had been utterly dissolved and extinguished as if it had never existed, by reason of the adjudication of defendant’s bankruptcy; and, under the United States Court’s decisions, the invalidity of such attachment is open to attack, either direct or collateral;…
Read the full summary
Appeal from Newton Circuit Court. — Hon. F. G. Johnston, Judge. (1) The attachment, which was the only-possible basis of the motions for the order to produce the attached property, and for assignment of the alleged bond, had been utterly dissolved and extinguished as if it had never existed, by reason of the adjudication of defendant’s bankruptcy; and, under the United States Court’s decisions, the invalidity of such attachment is open to attack, either direct or collateral; and, in consequence, all rights and remedies dependent thereon, including the property order on the supposed…
1Opinion of the CourtCox, J.
— This is the third appeal in this case. The others are reported in 123 Mo. App. 249, 100 S. W. 680, and 143 Mo. App. 587, 128 S. W. 232.
The facts necessary for a determination of the questions arising upon this appeal are as follows:
The plaintiff began suit by attachment against defendant, Columbia Zinc & Lead Company, and levied upon certain property. The defendant gave a forthcoming bond with the United States Fidelity and Guaranty Company as surety, and the possession of the property was released to defendant. Within four months after the levy defendant was adjudged a bankrupt, and an *319orde…
2Cases cited11 opinions
- In re KenneyCourt of Appeals for the Second Circuit · 1900
- J. W. Butler Paper Co. v. GoembelCourt of Appeals for the Seventh Circuit · 1905
- Rosenthal v. PerkinsCalifornia Supreme Court · 1898
- Simpson v. Van EttenU.S. Circuit Court for the District of Eastern Pennsylvania · 1901
- McDonald v. LoewenMissouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- B. F. Goodrich Rubber Co. v. Valley Plumbing & Supply Co.Court of Appeals of Texas · 1924
- Pue v. WheelerMontana Supreme Court · 1927
- In re Ann Arbor Mach. Co.District Court, E.D. Michigan · 1922
- Evans v. ReaCourt of Appeals of Texas · 1912
- State Ex Rel. v. Weinberg and Am. Sur. Co.Missouri Court of Appeals · 1941