Magrew v. Foster
Supreme Court of Missouri
Appeal from Adair Circuit Court. I. Tbe defendant was not served with process within tbe territorial limits of tbe jurisdiction, but in Scott County. He did not appear. There was no authority to send writs there, (Fithian vs. Monks, 43 Mo., 502.) He was not served with the writ; did not appear, and the judgment could be only against the property attached. (1 Wagn. Stat., 188, 189.) II. The new return of tbe sheriff was not such an amendment as is contemplated by the statute.
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Appeal from Adair Circuit Court. I. Tbe defendant was not served with process within tbe territorial limits of tbe jurisdiction, but in Scott County. He did not appear. There was no authority to send writs there, (Fithian vs. Monks, 43 Mo., 502.) He was not served with the writ; did not appear, and the judgment could be only against the property attached. (1 Wagn. Stat., 188, 189.) II. The new return of tbe sheriff was not such an amendment as is contemplated by the statute. (Wagn. Stat., 1034, § 3.) It did not correct a mistake in any respect, and did change substantially the claim of…
1Opinion of the CourtAdams, Judge
This was a motion to quash two executions, which had been issued from the Adair Circuit Court on the same judgment to different counties. The judgment was a general judgment, and had been rendered in an attachment suit. The defendant lived in Scott County, and the attachment was issued from the Adair Circuit Court, and levied upon some lands as the property of the defendant situated in that county.
The return of the sheriff, as first made on the writ of attachment, was that he could not find any property of the defendant in Adair County whereon to levy the attachment, and that the defendant…
2Cases cited2 opinions
- Hallowell v. PageSupreme Court of Missouri · 1857
- Delinger's Administrator v. HigginsSupreme Court of Missouri · 1858
3Cited by12 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- State Ex Rel. Minihan v. AronsonSupreme Court of Missouri · 1942
- Castleman v. CastlemanSupreme Court of Missouri · 1904
- Heath v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1884
- State ex rel. Pountain v. GraySupreme Court of Missouri · 1891
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