First National Bank of Monett v. Morkamp
Missouri Court of Appeals
Appeal from Barry Circuit Court.— Hon. F. G. Johnston, Judge. The rights of exemption must be determined by their status at the time of the issuance of the writ of attachment. Caldwell v. Renfro, 99 Mo. App. 381. The wife only claims for the husband and she cannot claim for him unless he has abandoned, or absented himself from his usual place of abode, so that the ordinary process of law could not be served on him. Steele v. Leonori, 28 Mo.
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Appeal from Barry Circuit Court.— Hon. F. G. Johnston, Judge. The rights of exemption must be determined by their status at the time of the issuance of the writ of attachment. Caldwell v. Renfro, 99 Mo. App. 381. The wife only claims for the husband and she cannot claim for him unless he has abandoned, or absented himself from his usual place of abode, so that the ordinary process of law could not be served on him. Steele v. Leonori, 28 Mo. App. 681. The wife of W. H. Morkamp, this respondent, in his absence from his place of abode, when the levy is made, or at any time before the sale under…
1Opinion of the CourtBland, P. J.
Defendant Morkamp forged the signatures of sureties to two notes, one for $100, the other for $75, and discounted them to the plaintiff bank. On discovering the forgery the bank brought suit by attachment against him and attached a lot of farming implements, some hogs, corn and grass seed. After the writ of attachment was levied Morkamp' was charged with forgery and committed to jail, where he remained and was confined at the time of the trial. Following is an agreed statement of the facts:
*120“On April 7, 1906, and prior thereto, Wm. H. Morkamp obtained of the First National Bank the sum of $175…
2Cited by2 opinions
- Martin v. BarnettMissouri Court of Appeals · 1911
- Carthage Stone Co. v. GerstMissouri Court of Appeals · 1920