State ex rel. Burton v. McKeon
Missouri Court of Appeals
Arreal from the St. Charles County Circuit Court, W. W. Edwards, Judge. In order to sustain a suit on an attachment bond, it is necessary for the plaintiff to show that the attachment suit had been finally disposed of, adversely to the plaintiff in that suit.
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Arreal from the St. Charles County Circuit Court, W. W. Edwards, Judge. In order to sustain a suit on an attachment bond, it is necessary for the plaintiff to show that the attachment suit had been finally disposed of, adversely to the plaintiff in that suit. The State to use v. Williams, 48 Mo. 210; Drake on Attachment, p. 107, sect. 162a/ Nolle v. Thompson, 8 Met. [Ky.] 121. In the attachment suit the record discloses no order of the circuit court upon the sheriff, to deliver the attached property to the defendant, Burton, and such an order is necessary, to render the obligors liable upon…
1Opinion of the CourtThompson, J.
This is an action upon an attachment bond, the condition of which was that the plaintiff “ should prosecute his action without delay and with effect; refund all sums of money that might be adjudged tobe refunded to the defendant, or found to have been received by the plaintiff, and not justly due to him ; and pay all damages and costs that might accrue to any defendant or garnishee by reason of the attachment, or. any process or proceedings in the suit, or by reason of any judgment or process therein.” A trial before a jury resulted in a verdict and. judgment for the relator,. for the penalty…
2Cases cited20 opinions
- Spencer v. VanceSupreme Court of Missouri · 1874
- Chapman v. KerrSupreme Court of Missouri · 1883
- Watson v. HarmonSupreme Court of Missouri · 1885
- Walker v. BorlandSupreme Court of Missouri · 1855
- Mix v. KepnerSupreme Court of Missouri · 1883
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3Cited by5 opinions
- James v. CannellWashington Supreme Court · 1925
- State ex rel. Mundy v. AndrewsWest Virginia Supreme Court · 1894
- State ex rel. First National Bank v. Seavey & FlarsheimMissouri Court of Appeals · 1909
- State ex rel. Pinkley v. YountMissouri Court of Appeals · 1914
- State v. East Joplin Lumber Co.Missouri Court of Appeals · 1897