Sawyer v. Burris
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Eon. J. L. Wort, Judge. The justice court had no jurisdiction in the attachment suit.
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Appeal from Stoddard Circuit Court. — Eon. J. L. Wort, Judge. The justice court had no jurisdiction in the attachment suit. The suit of F. N. Price v. Mingo Mill and Lumber Company being a suit by attachment, it was necessary, in order for the proceedings therein to be valid, that the record in the justice suit should show affirmatively that the suit was brought before the justice of the township wherein the property, credits or effects attached might have been found or in an adjoining township thereto, or in the township wherein the defendant resided or in an adjoining township. It failed to…
1Opinion of the CourtNobtoni, J.
This is a suit in replevin. The issue was tried before the circuit court without a jury. The finding and judgment were for the defendant and plaintiffs prosecute the appeal. The property sought to be recovered is a number of saw logs and a considerable quantity of sawed lumber which defendant removed from plaintiff’s mill yards. Their is no controversy over the fact that the lumber and saw logs belonged originally to the plaintiff, Sawyer. They were sold, however, by the constable under an execution on a judgment in attachment against SaAvyer at the suit of one Price *111against him. The…
2Cases cited18 opinions
- Dowdy v. WambleSupreme Court of Missouri · 1892
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- State v. MetzgerSupreme Court of Missouri · 1857
- McDonald v. MatneySupreme Court of Missouri · 1884
- Dunn v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Grissum v. ReesmanSupreme Court of Missouri · 1974
- Crowl ex rel. Crowl v. American Linseed Co.Supreme Court of Missouri · 1914
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
- Skinner v. WhitlowMissouri Court of Appeals · 1913
- Rogers v. DavisMissouri Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.