Giett v. McGannon Mercantile Co.
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. John C. Lamson, Judge. But statutes concerning attachments expressly provide that any person claiming property, money, effects or credits attached, may interplead in the cause. R. S. 1889, sec. 572. And the right is the same whether the attachment is one sued out in a court of record or before a justice of the peace.
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Appeal from the Newton Circuit Court. — Hon. John C. Lamson, Judge. But statutes concerning attachments expressly provide that any person claiming property, money, effects or credits attached, may interplead in the cause. R. S. 1889, sec. 572. And the right is the same whether the attachment is one sued out in a court of record or before a justice of the peace. R. S. 1889, sec. 604. The interplea is in no sense a part of the cause of action; it is the assertion of an independent right; it must be tried and determined separately upon what is virtually a separate record. "Wolff v. Vette, 17 Mo.…
1Opinion of the CourtBiggs, J.
— The McGannon Mercantile Company sued Grant Lankford by attachment before a justice of the peace. William Giett filed an interplea, claiming the attached property. After a mistrial of the interplea before a jury Giett applied for a change of venue upon the ground that the justice was prejudiced against him. The change was awarded to another justice of the county. Upon the trial of the interplea before the latter justice the verdict of the jury was for the McGannon Mercantile Company. The justice entered the verdict in his docket, but he failed to render a judgment thereon, as provided by…
2Cases cited12 opinions
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
- Franse v. OwensSupreme Court of Missouri · 1857
- Wolff v. VetteMissouri Court of Appeals · 1885
- County of Boone v. CorlewSupreme Court of Missouri · 1831
- Crow, Hargadine & Co. v. StevensMissouri Court of Appeals · 1891
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3Cited by10 opinions
- Dalton v. AbercrombieIdaho Supreme Court · 1922
- Ex Parte S.P. PerseMissouri Court of Appeals · 1926
- Ely-Walker Dry Goods Co. v. McLaughlin, Dyer & Co.Missouri Court of Appeals · 1901
- I. Stadden Grocery Co. v. LuskMissouri Court of Appeals · 1902
- Hughes v. Chicago, Indianapolis & Louisville Railway Co.Indiana Court of Appeals · 1912
5 more not listed; retrieve them via the Exa API.