Kritzer v. Smith
Supreme Court of Missouri
Error to Jackson Circuit Court. Suit by attachment upon a note not due. After the usual averment setting forth the execution of the note, and describing it, the petition stated that the note was “ due and unpaid.” The affidavit set forth the 7th, 8th and 3d grounds of attachment, specified in the act (R. C. 1845.) The defendant and not the State was made the obligee in the bond given upon suing out the writ.
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Error to Jackson Circuit Court. Suit by attachment upon a note not due. After the usual averment setting forth the execution of the note, and describing it, the petition stated that the note was “ due and unpaid.” The affidavit set forth the 7th, 8th and 3d grounds of attachment, specified in the act (R. C. 1845.) The defendant and not the State was made the obligee in the bond given upon suing out the writ. The defendant, at the return term and before the note was due, filed a plea in abatement to the 7th and 8th grounds, but did not take issue on the Bd. At the trial, the plaintiff was…
1Opinion of the CourtScott, Judge
As to the objection stated in the brief, that the bond for the attachment was not made payable to the state of Missouri, it may be answered that no point on the validity of the bond was made in the court below. In thus meeting the objection stated, we are not to be understood as expressing the opinion that the bond in this case would not have supported an action.
There was no error in refusing leave to the defendant below to file his demurrer, as we are of the opinion that it contained no cause affecting the plaintiff’s action.
1. On the face of the petition, it appeared that the time for the…
2Cited by25 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Span v. Jackson-Walker Coal & Mining Co.Supreme Court of Missouri · 1929
- Bogie v. NolanSupreme Court of Missouri · 1888
- Payne v. O'SheaSupreme Court of Missouri · 1884
- Jones v. HartSupreme Court of Missouri · 1875
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