Friar v. McNama
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The court erred in admitting in evidence the writ of attachment and the return thereon, as the inter-pleader must recover on the strength of his own title and not the weakness or defects in the title of the opposing party, and the writ of attachment could in no way show or tend to show title in the interpleader. Albert v. Besel, 88 Mo. 150; Kennedy v. Dodson, 44 Mo. App. 550; Rhoades v. McNulty, 52 Mo.
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Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The court erred in admitting in evidence the writ of attachment and the return thereon, as the inter-pleader must recover on the strength of his own title and not the weakness or defects in the title of the opposing party, and the writ of attachment could in no way show or tend to show title in the interpleader. Albert v. Besel, 88 Mo. 150; Kennedy v. Dodson, 44 Mo. App. 550; Rhoades v. McNulty, 52 Mo. App. 301. (2) The court erred in overruling plaintiff’s demurrer to the evidence, in that the evidence showed that there…
1Opinion of the CourtGill, J.
Statement.
Friar sued McNama in attachment. The action was brought before a justice of the peace of Prairie township in Audrain county, who issued an attachment- writ directed to “the constable of Prairie township” in said Audrain county. The writ seems to have been served by one Uzzell, constable of Linn township, who, according to his return, levied on certain personal property which was at the time in the possession of McGuire, the inter-pleader. The latter made claim to the property and filed his interplea.
At the trial in the Boone circuit court, where the cause was taken by change of…
2Cases cited7 opinions
- Hickey v. ForristalIllinois Supreme Court · 1868
- Callaway v. Harrold, Johnson & Co.Supreme Court of Georgia · 1878
- Springfield Grocer Co. v. ShackelfordMissouri Court of Appeals · 1894
- Boller v. CohenMissouri Court of Appeals · 1890
- Rudd v. Thompson & BarnesSupreme Court of Arkansas · 1860
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