Harris v. Grodner
Supreme Court of Missouri
Appeal from Cedar Circuit Court. I. The court should have rendered judgment by default. The order of publication was sufficient; it was a substantial compliance with the provisions of the statute. (See Loc. Acts 1855, p. 584 Appendix of Forms to R. C. 1855, p. 1638, No. 86.) The form-used in this case has thus received legislative sanction. A party who brings suit by attachment is entitled to an order of publication immediately upon filing the necessary affidavit, etG.
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Appeal from Cedar Circuit Court. I. The court should have rendered judgment by default. The order of publication was sufficient; it was a substantial compliance with the provisions of the statute. (See Loc. Acts 1855, p. 584 Appendix of Forms to R. C. 1855, p. 1638, No. 86.) The form-used in this case has thus received legislative sanction. A party who brings suit by attachment is entitled to an order of publication immediately upon filing the necessary affidavit, etG. A clerk cannot officially know that a party’s property “has been attached” until due return of the writ. I. The attachment…
1Opinion of the CourtWagner, Judge
This was an action commenced on a promissory note, by the appellant against the respondent, in the Circuit Court of Cedar-county. A bond and an affidavit for attachment were filed with the original' petition, and the clerk of the said court issued an order of publication in vacation, in the form inserted in the appendix to the Revised Code of 1855. The order of publication notified the respondent that an action had been commenced against. *161him by petition and attachment founded on a promissory note, and that his property “was about to be attached,” and required Mm, at the next term of the…
2Cited by7 opinions
- Spitcaufsky v. HattenSupreme Court of Missouri · 1944
- Minard v. Douglas CountyOregon Supreme Court · 1881
- Hauser v. MurraySupreme Court of Missouri · 1914
- Tufts v. VolkeningSupreme Court of Missouri · 1894
- Randall v. SnyderSupreme Court of Missouri · 1908
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