First National Bank v. Brenneisen
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. J. B. Gantt, Judge. (1) Section 447, Revised Statutes, 1879, did not authorize the circuit court to fix the rights and priorities of the different attaching creditors of Brenneisen, and of the partnership firm of Brenneisen & Goff. The •defendants were not the same.
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Appeal from Henry Circuit Court. — Hon. J. B. Gantt, Judge. (1) Section 447, Revised Statutes, 1879, did not authorize the circuit court to fix the rights and priorities of the different attaching creditors of Brenneisen, and of the partnership firm of Brenneisen & Goff. The •defendants were not the same. Yet the court below undertook to enlarge its powers under said section and settle the conflicting rights of different creditors against different defendants, viz., Brenneisen individually, and the firm of Brenneisen & Goff. This it could not do. Swallow v. Duncan, 18 Mo. App. 623. (2) The…
1Opinion of the CourtBrace, J.
This is a controversy between the plaintiff, who is an individual creditor of O. H. Brenneisen, who is named the respondent, and certain creditor? of Brenneisen & Goff, a firm of which the said C. II. was a member.
The plaintiff, on the fifth of February, 1885, in an action commenced by him in the circuit court of Henry county against C. H. Brenneisen, sued out a writ of attachment and caused the same on that day to be levied on a stock of goods then in possession of said Brenneisen, in McBeth’s building, in the city of Clinton, in said county. Subsequently, a number of the creditors of…
2Cases cited5 opinions
- Phelps v. McNeelySupreme Court of Missouri · 1877
- Wiles v. MaddoxSupreme Court of Missouri · 1857
- State Ex Rel. Billingsley v. SpencerSupreme Court of Missouri · 1877
- Shackelford's Administrator v. ClarkSupreme Court of Missouri · 1883
- Julian v. WrightsmanSupreme Court of Missouri · 1881
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- State ex rel. Burnham v. HickmanSupreme Court of Missouri · 1899
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