I. Stadden Grocery Co. v. Lusk
Missouri Court of Appeals
Appeal from Bates Circuit Court . — Hon. W. W. Graves, Judge. (1) An interplea under section 417, Revised Statutes 1899, is a statutory replevin engrafted onto an attachment proceeding. Spooner v. Ross, 24 Mo. App. 599; Hollinan & Co. v. Pollock & Co., 47 Mo. App. 205; Huiser v. Beck, 55 Mo.
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Appeal from Bates Circuit Court . — Hon. W. W. Graves, Judge. (1) An interplea under section 417, Revised Statutes 1899, is a statutory replevin engrafted onto an attachment proceeding. Spooner v. Ross, 24 Mo. App. 599; Hollinan & Co. v. Pollock & Co., 47 Mo. App. 205; Huiser v. Beck, 55 Mo. App. 668; Car Co. v. Barnard, 139 Mo. 142,1. c. 144. (2) In the trial of the interplea in this attachment proceeding, the inter-pleader Me An inch took the place of a plaintiff in an ordinary replevin suit; and the plaintiff in the attachment became the defendant in the trial of the interplea. Giett v.…
1Opinion of the CourtBroaddus, J.
In November, 1900, the plaintiff commenced an action against Mrs. Lusk, in aid of which an attachment was issued, under which the sheriff on the seventeenth of said month seized certain property, as the property of the defendant, consisting of dry goods, groceries, drugs, notions, etc., then in a store building at Lone Oak, Missouri; on the nineteenth day of said month the court ordered said goods to be sold and the sheriff to hold the proceeds subject to the further order of the'court. Soon after said order and before a sale thereunder, the said property was destroyed by fire.
At the February…
2Cases cited9 opinions
- Spooner v. RossMissouri Court of Appeals · 1887
- Brownwell & Wight Car Co. v. BarnardSupreme Court of Missouri · 1897
- Feder v. AbrahamsMissouri Court of Appeals · 1888
- Giett v. McGannon Mercantile Co.Missouri Court of Appeals · 1898
- Springfield Engine & Thresher Co. v. GlazierMissouri Court of Appeals · 1893
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3Cited by5 opinions
- Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929
- Millus v. Lowrey Bros.Supreme Court of Oklahoma · 1917
- Torreyson v. TurnbaughMissouri Court of Appeals · 1904
- Keet-Roundtree Dry Goods Co. v. HodgesMissouri Court of Appeals · 1913
- State Ex Rel. Smith v. BoudreauMissouri Court of Appeals · 1935