Whiting v. Budd
Supreme Court of Missouri
ERROR from the -circuit court of Howard county. For the reversal of this judgment the following points and authorities will be relied upon by the counsel for the plaintiffs in error: 1. The motion of Williams to quash the attachment and to be restored to the attached property, was not such an appearance to the suit (there having been no service upon him of the process) as warranted a judgment by default against him for want of a plea. 2. Admitting it to be such an appearance…
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ERROR from the -circuit court of Howard county. For the reversal of this judgment the following points and authorities will be relied upon by the counsel for the plaintiffs in error: 1. The motion of Williams to quash the attachment and to be restored to the attached property, was not such an appearance to the suit (there having been no service upon him of the process) as warranted a judgment by default against him for want of a plea. 2. Admitting it to be such an appearance as dispensed with the service of process, nevertheless, the defendant, Williams, was -entitled to the first six days of…
1Opinion of the Court
McGirk, Judge,
delivered the opinion of the court.. Budd brought an action of assumpsit in the Howard circuit court against Whiting & Williams, and took an attachment with the process. Whiting was summoned,- and Williams was not found at the first term. In July, 1838, one Thomas filed an interpleader; on the 12th day of the'term Whiting & Williams appeared in court and moved to dissolve the attachment, which motion was sustained and the attachment dissolved. On the same 12th day, the defendants’ filing no plea, on motion of the plaintiff’s attorney,-the court gave judgment by default against…
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- Smith's Administrator v. RollinsSupreme Court of Missouri · 1857
- Johnson v. Holt's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Abernathy v. MooreSupreme Court of Missouri · 1884
- Currey v. Trinity Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1911
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