Nolte v. Farrelly
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The judgment is without legal warrant, and is against the law under the evidence. R. S., secs. 481, 439 ; Bracket v. Bracket, 61 Mo. 224; Hicks v. Martin, 25 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The judgment is without legal warrant, and is against the law under the evidence. R. S., secs. 481, 439 ; Bracket v. Bracket, 61 Mo. 224; Hicks v. Martin, 25 Mo. App. 355-356; Oates Sanders, 13 Kansas, 411; Butcher v. 'Broman, 18 Kansas, 558; Dubuque v. Redman, 1 Iowa, 444; Lane v. Goldsmith, 23 Iowa, 240. Appellant admits the indebtedness, but complains of the hardship and injustice in levying the attachment without any grounds therefor, and appealed only from that judgment in the justice’s court sustaining the…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the peace by attachment, to collect a debt due by a promissory note. The defendant pleaded in abatement of the attachment, and, on trial before the justice, the attachment was sustained and a judgment was also rendered against the defendant on the merits. From this judgment the defendant appealed to the circuit court, making the usual affidavit and filing the usual bond for appeal. On trial anew in the circuit court, no evidence was offered by the plaintiff in support of the attachment, and judgment was therefore rendered by the court‘for the…
2Cases cited3 opinions
- Fare v. GunterSupreme Court of Missouri · 1884
- Jones v. EvansSupreme Court of Missouri · 1883
- Blunt v. A. & P. R. R.Supreme Court of Missouri · 1874