Letts-Spencer Grocery Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. H. M. Barney, Judge. From this agreed statement it will he seen that there is but one single question for the court to decide, viz.: Did the service of the summons of the writ of garnishment on appellant, November 29, 1907, place the goods in controversy, from that time “in the custody of the law,” or “in custodia legis?” If it did, then this case should be reversed; if it did not, it should be affirmed.
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Appeal from Buchanan Circuit Court. — Hon. H. M. Barney, Judge. From this agreed statement it will he seen that there is but one single question for the court to decide, viz.: Did the service of the summons of the writ of garnishment on appellant, November 29, 1907, place the goods in controversy, from that time “in the custody of the law,” or “in custodia legis?” If it did, then this case should be reversed; if it did not, it should be affirmed. Both reason and authority, support appellant’s contention. “By the weight of authority the service of the garnishment summons places the property in…
1Opinion of the CourtJohnson, J.
— Plaintiff sued defendant in the circuit court of Buchanan county for damages for the alleged wrongful conversion of certain goods, wares and merchandise. A jury was waived, the cause was submitted to the court on an agreed statement of facts, and judgment was rendered for plaintiff in the sum of $405.63, the value of the property. Defendant appealed.
Plaintiff, a wholesale merchant at St. Joseph, sold the goods in question to the W. C. Ross Construction Company of Stockton, Kansas, and delivered them to defendant at St. Joseph for transportation to Stockton. They arrived at Stockton November…
2Cases cited3 opinions
- Stiles v. Davis & BartonSupreme Court of the United States · 1861
- Schwabacher v. KaneMissouri Court of Appeals · 1883
- Estey v. TruxelMissouri Court of Appeals · 1887
3Cited by3 opinions
- In Re Murdock MacHine and Engineering Co. Of Utah, Bankrupt. Ramco Steel, Inc. v. Lindsey Kesler, Trustee, and United States of AmericaCourt of Appeals for the Tenth Circuit · 1980
- Schwall v. Higginsville Milling Co.Missouri Court of Appeals · 1916
- Long Bell Lumber Co. v. Chicago Burlington & Quincy RailroadMissouri Court of Appeals · 1914