Norman v. Horn
Missouri Court of Appeals
Appeal from, the Greene County Circuit Court. — Hon. W. D. Hubbard, Judge. The affidavit for attachment, though defective, is not void. It is amendable. Therefore it is sufficient to warrant the justice in issuing the writ of attachment. Hence the justice, by the levy of a writ of attachment based on this affidavit, acquired jurisdiction of the subject matter. R. S. 1879, sec. 445 ; Musgrove v. Mott, 90 Mo. 107; Burnett v. McQluey, 95 Mo. 230 (overruling Burnett n.
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Appeal from, the Greene County Circuit Court. — Hon. W. D. Hubbard, Judge. The affidavit for attachment, though defective, is not void. It is amendable. Therefore it is sufficient to warrant the justice in issuing the writ of attachment. Hence the justice, by the levy of a writ of attachment based on this affidavit, acquired jurisdiction of the subject matter. R. S. 1879, sec. 445 ; Musgrove v. Mott, 90 Mo. 107; Burnett v. McQluey, 95 Mo. 230 (overruling Burnett n. McQluey, 78 Mo. 576, and Bray v. McClurg, 55 Mo. 128); Hardin v. Lee, 51 Mo. 241; Booth v. Rees, 26 111. 45; Moore v. Maude, 79…
1Opinion of the CourtBiggs, J.
This is a suit for conversion, growing out of a seizure of the plaintiff’s property under a writ of attachment, issued by a justice of the peace of Greene county, in a suit wherein Horn & Hughes, a firm composed of the defendant and one C. Hughes were the plaintiffs, and the plaintiff Joseph Norman was the defendant. *421In this attachment suit, the following paper was filed as and for the statutory affidavit required in attachment proceedings, to-wit:
“Affidavit of attachment.
“ Horn & Hughes, Plaintiffs, " “Joseph Norman, Defendant.
“The State of Missouri, ) “ County of Greene. • (
“This day…
2Cases cited9 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Nanson v. JacobSupreme Court of Missouri · 1887
- Hardin v. LeeSupreme Court of Missouri · 1873
- Howard v. ClarkSupreme Court of Missouri · 1869
- Burnett v. McClueySupreme Court of Missouri · 1883
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- Third National Bank v. GartonMissouri Court of Appeals · 1890
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