Smith, Heddins & Co. v. Hackley
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — How. Richard Field, J udge. (1) The writ of attachment is not invalid because the signature of the clerk of the court was omitted therefrom. The testee of the writ is complete, and the seal of the court was affixed thereto.
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Appeal from the Saline Circuit Court. — How. Richard Field, J udge. (1) The writ of attachment is not invalid because the signature of the clerk of the court was omitted therefrom. The testee of the writ is complete, and the seal of the court was affixed thereto. Jett v. Shinn, 47 Ark. •874; Jump v. Baton's Creditors, 35 Mo. 193; Ligare v. Railroad, 76 Cal. 610 ; Burton v. Pettibone, 5 Yerger, 443; Boyd v. Fitch, 71 Ind. 306; State v. Davis, 73 Ind. 359 ; Gamble v. Tralien, 3 How. (Miss.) 32 ; Bolts v. Williams, 5 J. J. Marshall, 62 ; McCormick v. Mason, 1 Serg. & R. 91; Wibright v. Wise, 4…
1Opinion of the CourtGill, J.
For an understanding of the legal questions involved in this case it is only necessary to state, that plaintiffs brought suit by attachment in LaFayette county against the defendant, and at the return term defendant filed his plea in abatement putting in issue the grounds of attachment as set out in the affidavit. Thereupon on the application of plaintiffs a change of venue was awarded to the circuit court of Saline county. In the Saline court defendant filed a motion to quash the alleged writ of attachment on the ground that said writ was not signed by the clerk of the circuit court of…
2Cases cited5 opinions
- Hardin v. LeeSupreme Court of Missouri · 1873
- Hansford v. HansfordMissouri Court of Appeals · 1889
- Boyd v. FitchIndiana Supreme Court · 1880
- Jump v. McClurgSupreme Court of Missouri · 1864
- Third National Bank v. GartonMissouri Court of Appeals · 1890
3Cited by4 opinions
- Sharman v. HuotMontana Supreme Court · 1898
- Trinidad Asphalt Manufacturing Co. v. Standard Oil Co.Missouri Court of Appeals · 1924
- Leise v. MitchellMissouri Court of Appeals · 1893
- Sligo Furnace Co. v. LaidleySupreme Court of Missouri · 1921