Englehart-Davidson Mercantile Co. v. Burrell Sisters
Missouri Court of Appeals
Appeal from the DeKalb Circuit Court. — Hon. Wm. S. Herndon, Judge. (1) There is no evidence that defendants were nonresidents of the state at the time this action was instituted. “The place where any person having no family shall generally lodge shall be deemed the place of residence of such person.” R. S. 1889, sec. 6570, clause 17. There is no evidence of the third allegation made in plaintiff’s amended affidavit. Elliott v. Keith, 32 Mo.
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Appeal from the DeKalb Circuit Court. — Hon. Wm. S. Herndon, Judge. (1) There is no evidence that defendants were nonresidents of the state at the time this action was instituted. “The place where any person having no family shall generally lodge shall be deemed the place of residence of such person.” R. S. 1889, sec. 6570, clause 17. There is no evidence of the third allegation made in plaintiff’s amended affidavit. Elliott v. Keith, 32 Mo. App. 579. There is no evidence of the second, fourth, fifth, sixth, and. seventh allegations made in plaintiff’s amended affidavit in attachment. Knapp…
1Opinion of the CourtGill, J.
In May, 1891, the defendants, Burrell Sisters, came from Blockton, Iowa, to Maysville, Missouri, and there engaged in the millinery business. In April, 1895, the plaintiff, a corporation doing business at St. Joseph, Missouri, brought this action to recover the price of some goods sold to Burrell Sisters, and in aid thereof, sued out an attachment and levied on the defendant’s stock of millinery at Maysville. In due season a plea in abatement was filed; there was a trial of the issues, and from a judgment sustaining the attachment, defendants have appealed.
The attachment affidavit on which…
2Cases cited5 opinions
- State v. SmithSupreme Court of Missouri · 1893
- Chariton County v. MoberlySupreme Court of Missouri · 1875
- Greene v. BeckwithSupreme Court of Missouri · 1866
- Avery v. GoodSupreme Court of Missouri · 1893
- Henderson v. DraceSupreme Court of Missouri · 1860
3Cited by5 opinions
- Estes v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905
- McDowell v. Friedman Bros. Shoe Co.Missouri Court of Appeals · 1909
- First National Bank v. GriffithMissouri Court of Appeals · 1916
- Hopkins v. Modern Woodmen of AmericaMissouri Court of Appeals · 1902
- James v. Kansas CityMissouri Court of Appeals · 1900