Brownwell & Wight Car Co. v. Barnard
Supreme Court of Missouri
Error to Johnson Circuit Court. — Hon. James H. Lay, Special Judge. (1) There being no other property attached than the four street cars under the writ of attachment, and the interpleader having claimed the property attached and that issue having been decided in favor of the interpleader by final judgment, there was practically no attachment suit pending.
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Error to Johnson Circuit Court. — Hon. James H. Lay, Special Judge. (1) There being no other property attached than the four street cars under the writ of attachment, and the interpleader having claimed the property attached and that issue having been decided in favor of the interpleader by final judgment, there was practically no attachment suit pending. The attachment and all of its incidents had been determined, and hence the court had no jurisdiction whatever to order a new bond. Drake on Attachments [1891 Ed.], sec. 5. (2) “Such a suit is in all respects an action in personam, with the…
1Opinion of the CourtGantt, P. J.
The record in this case shows that this was an action in which a writ of summons was issued to the defendants, Frank Barnard, J. B. Wood, Frank Wood and M. Fairchilds Doud, all of whom were served with a summons, except defendant Frank *144Barnard, who entered his appearance in said cause. There was also a writ of attachment issued in the case, and under said writ four street cars were levied upon as the property of defendants. This property was claimed by George W. Colbern, who subsequently filed an interplea in the case, and the issue was formed upon that interplea, and upon the trial of that…
2Cited by15 opinions
- Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929
- Millus v. Lowrey Bros.Supreme Court of Oklahoma · 1917
- B. F. Glover & Son Commission Co. v. Abilene Milling Co.Missouri Court of Appeals · 1909
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- Torreyson v. TurnbaughMissouri Court of Appeals · 1904
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