Shaw v. Groomer
Supreme Court of Missouri
Appeal from, DeKaTb Circuit Court. I. By appearing to the citation and submittingto an examination, the defendant gives the court jurisdiction of his person. II. If the amendment was necessary,'the court did not err in permitting the appellant to amend the affidavit. The first affidavit was sufficient to notify, and it did no. tify, the defendant of the charge against her.
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Appeal from, DeKaTb Circuit Court. I. By appearing to the citation and submittingto an examination, the defendant gives the court jurisdiction of his person. II. If the amendment was necessary,'the court did not err in permitting the appellant to amend the affidavit. The first affidavit was sufficient to notify, and it did no. tify, the defendant of the charge against her. An affidavit for an attachment may be amended after an appeal from the judgment of a justice of the peace, and there is no good reason why an equally liberal practice should not obtain here. I. The filing of the “amended…
1Opinion of the Court
Wagner, Judge,
delivered the opinion of the court.. It appears from the record that one Burton made an affidavit stating that he had good reason to believe, and did believe, that the defendant had concealed in her possession and under her control, certain money belonging to the estate of Groomer, deceased, and that she refused to turn the same over to the administrator.
It is nowhere shown that Burton had any interest in the estate, or that he was authorized to make the affidavit according to the provisions of the statute. (Wagn. Stat., 85, § 7.)
The affidavit was. defective in other matters,…
2Cited by1 opinion
- Brotherton v. SpenceMissouri Court of Appeals · 1893