Marceline State Bank v. Smith
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) Plaintiffs, by tbeir attachment against the defendants, and the service of garnishment on J. E. Howe thereunder, obtained a lien on any money, property or effects, in the hands of the garnishee, belonging to the defendant, E. H. Smith, and this lien, having been acquired more than four months prior to the filing of the petition in bankruptcy, by the defendant, E. H. Smith, was not affected by the subsequent…
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Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) Plaintiffs, by tbeir attachment against the defendants, and the service of garnishment on J. E. Howe thereunder, obtained a lien on any money, property or effects, in the hands of the garnishee, belonging to the defendant, E. H. Smith, and this lien, having been acquired more than four months prior to the filing of the petition in bankruptcy, by the defendant, E. H. Smith, was not affected by the subsequent adjudication and discharge, of said defendant, in bankruptcy. Bankruptcy Act of 1898, sec. 67; Hill v. Harding, 130' U. S.…
1Opinion of the CourtEllison, J.
Plaintiffs instituted this action against E. H. Smith and Mrs. E. H. Smith and sued out an attachment in aid. There were several grounds alleged for the attachment, but on trial of the plea in abatement only one was sustained, viz., that the defendants were about to remove from the State with intent to change their domicile. No property Avas attached belonging to Mrs. Smith and the attachment was dismissed as to her. The attachment writ was executed as to E. H. Smith by the sheriff on the 10th of February, 1905, summoning J. E. Howe as garnishee by declaring in writing to him that he attached…
2Cases cited5 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Marx v. HartSupreme Court of Missouri · 1902
- McGarry v. Lewis Coal Co.Supreme Court of Missouri · 1887
- Seibel v. SimeonSupreme Court of Missouri · 1876
- Pepperdine v. Bank of SeymourMissouri Court of Appeals · 1903