Bray v. McClury
Supreme Court of Missouri
Jlppeal from, Greene Circuit Court„ I. The affidavit to the truth of the facts in the petition, and. the additional affidavit of non-residence of the defendants, taken together, constitute almost a literal compliance with the statute. (Drake Att., Ch. 5, § 95.) The most important point in the affidavit is the ground of the attachment, which is here clearly stated.
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Jlppeal from, Greene Circuit Court„ I. The affidavit to the truth of the facts in the petition, and. the additional affidavit of non-residence of the defendants, taken together, constitute almost a literal compliance with the statute. (Drake Att., Ch. 5, § 95.) The most important point in the affidavit is the ground of the attachment, which is here clearly stated. (Drake Att., Ch. 5, §§ 97,98 ; Ibid, §§ 106, 113; Vankirk vs. Wilds, 11 Barb., 524; Curtis vs. Settle, 7 Mo., 452; Graham vs. Ruff, 8 Ala., 172; Wallis vs, Wallace, 6 How., [Miss.] 254; 7 Humph,, 210; 1 Sm- & M., 503.) II. The…
1Dissent
Wagner,'Judge,
delivered the dissenting opinion.
This was an action of ejectment commenced in the Dade Circuit Court for the recovery of certain lands lying in that county. A change of venue was taken to Greene County, where a trial was had and judgment was rendered for the plaintiffs. Both parties trace their title to one John N. Ferguson, as an original source, who was formerly seized of the premises. The record shows, that in 1865 the Merchants’ Bank of St. Louis brought a suit by attachment in the Dade Circuit Court against Ferguson and others on a bill of exchange. The petition was in the…
2Cases cited8 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Hardin v. LeeSupreme Court of Missouri · 1873
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Ludlow v. RamseySupreme Court of the United States · 1871
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