McDonald v. Forsyth
Supreme Court of Missouri
ERROR TO ST. LOUIS CIRCUIT COURT. Tlie defendants were owners of the steamboat Pioneer in March, 1849, and the plaintiffs were owners of a warehouse, standing at Beardstown, on the ■bank of the Illinois river.
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ERROR TO ST. LOUIS CIRCUIT COURT. Tlie defendants were owners of the steamboat Pioneer in March, 1849, and the plaintiffs were owners of a warehouse, standing at Beardstown, on the ■bank of the Illinois river. The plaintiffs sued defendants in case alleging that through the negligence, carelessness and fault of the defendants’ servants, managing said boat unskillfully, the boat was run against the said warehouse, and prostrated its walls, and removed the building from its foundation, and greatly damaged it. The proper affidavit was made and the steamboat Pioneer attached as the property of…
1Opinion of the CourtLtapton, J.
The question in this case is whether a plaintiff in an action on the case for a tort has a right under our statute to an attachment. The plain and obvious construction of the statute is, in our opinion, against the right to an attachment except in actions upon contracts. It is not our province to determine whether this distinction is a wise one, if it is manifest that the Legislature have adopted it. There may bo, as has been contended,many cases where damages for a wrong done is the object of the suit, in which the plaintiff’s right to this extraordinary process of the law might be…
2Cited by2 opinions
- Cable v. McCuneSupreme Court of Missouri · 1858
- Avery & Son v. McClureMississippi Supreme Court · 1908