State ex rel. Mayer v. O'Neill
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) Defendants having wholly failed to make any proof that any of the-attachment plaintiffs -were creditors of Chas. Johns, and there being nothing in the record to show that Chas.
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Appeal from Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) Defendants having wholly failed to make any proof that any of the-attachment plaintiffs -were creditors of Chas. Johns, and there being nothing in the record to show that Chas. Johns ever became or was indebted to any of said attaching plaintiffs, it results that neither said attaching plaintiffs nor said defendants claiming under them have any right to question the good faith of the chattel mortgage from defendant to plaintiff. .(Clark v. Laird, 60 Mo. App. 289.) It follows that for this reason, and aside from all the other…
1Opinion of the CourtSherwood, J.
Action on sheriff’s bond against the sheriff and his sureties, for the alleged wrongful seizure by the sheriff, O’Neill, under seven writs of attachment levied on certain personal property which Augusta Mayer claimed as hers by virtue of a certain chattel mortgage executed to her by one Johns on the 9th day of January, 1891. The validity of this mortgage is questioned by this litigation.
At the conclusion of the evidence the court gave a peremptory instruction to find for defendants, and plaintiff took a nonsuit with leave, etc., and having moved, and the motion being denied, excepted and…
2Cases cited25 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Walker v. OwenSupreme Court of Missouri · 1883
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Bensieck v. CookSupreme Court of Missouri · 1892
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
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3Cited by18 opinions
- McElvain v. HardestyCourt of Appeals for the Eighth Circuit · 1909
- Landis v. McDonaldMissouri Court of Appeals · 1901
- Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
- In re WadeDistrict Court, W.D. Missouri · 1911
- Jones v. HabbermanMissouri Court of Appeals · 1902
13 more not listed; retrieve them via the Exa API.