Johnson v. Gilkeson
Supreme Court of Missouri
Error to Johnson Circuit Court.—Hon. Noah M. Qivan, Judge. Tbe proceedings by attachment were void because the affidavit did not show on its face the specified requirements of the statute. It was made by one Conklin, and did not purport to be on behalf of the plaintiff. Wiley v. Aultman, 58 Wis. 560; McCabe v. Sumner, 40 Wis. 386; Crane v. Willey, 14 Wis. 658; Miller v. Railroad Go., 17 N. W. Rep. 188; Manley v. Staley, 10 Kas. 88; Pool v. Webster, 8 Mot.
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Error to Johnson Circuit Court.—Hon. Noah M. Qivan, Judge. Tbe proceedings by attachment were void because the affidavit did not show on its face the specified requirements of the statute. It was made by one Conklin, and did not purport to be on behalf of the plaintiff. Wiley v. Aultman, 58 Wis. 560; McCabe v. Sumner, 40 Wis. 386; Crane v. Willey, 14 Wis. 658; Miller v. Railroad Go., 17 N. W. Rep. 188; Manley v. Staley, 10 Kas. 88; Pool v. Webster, 8 Mot. (Ky.) 278; Willis v. Lyman, 22 Tex. 268; Ex parte Lank of Monroe, 7 Hill 177; St. Armant v. Laixcedon, 8 Sand. 702; Story on Agency, § 147.…
1Opinion of the Court
Martin, 0.
This is an action of ejectment. Both parties claim title under John ~W. Brockman. The plaintiff read in evidence, a deed from him executed on the 13th day of March, 1868. The defendant submitted a sheriff’s deed made in pursuance of an attachment suit against him, in which levy of attachment of the same land was effected on the 31st day of January, 1866. The court rendered judgment in favor of defendant, holding that the sheriff’s deed to defendant, constituted the superior title. Prom this judgment the plaintiff has appealed. She contends that the attachment proceedings were void,…
2Cases cited1 opinion
- Gilkeson v. KnightSupreme Court of Missouri · 1880
3Cited by7 opinions
- Todd v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Mackey v. HyattMissouri Court of Appeals · 1890
- Bird v. McClelland Stumpf & Pelzer Brick Manuf'g Co.U.S. Circuit Court for the District of Western Missouri · 1891
- Maurer v. PhillipsMissouri Court of Appeals · 1914
- Missouri Valley Lumber Co. v. WeberMissouri Court of Appeals · 1891
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