Franke v. Eby, Davis & Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) That the statutory interplea in attachment suits in this state, when successfully prosecuted, is not a bar to the interpleader’s recovery of damages for the trespass in the wrongful taking, has been judicially detetmined in the following cases: Perrin v. Claflin, 11 Mo. 13; Clark v. Brott, 71 Mo. 473. (2) That the cited adjudications of this state are in point and are supported by general authorities and…
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Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) That the statutory interplea in attachment suits in this state, when successfully prosecuted, is not a bar to the interpleader’s recovery of damages for the trespass in the wrongful taking, has been judicially detetmined in the following cases: Perrin v. Claflin, 11 Mo. 13; Clark v. Brott, 71 Mo. 473. (2) That the cited adjudications of this state are in point and are supported by general authorities and fundamental principles, is shown by the following citations: R. S. 1889, sec. 572; Hewson v. Tootle, 72 Mo. 632;…
1Opinion of the CourtEllisoN, J.
— Plaintiff was mortgagee and in possession of certain property seized in a suit by attachment instituted by defendants against a third party. The goods were sold pending the attachment, by order of court, under the attachment law, as being perishable. Plaintiff filed her interplea claiming the goods as her property. She was successful and received of the sheriff the proceeds of the sale. She thereupon instituted this action for damages, claiming that by reason of the attachment and sale she lost $1,493 of her mortgage lien. A demurrer was interposed to the petition showing the foregoing…
2Cases cited5 opinions
- Young v. KellarSupreme Court of Missouri · 1887
- Perrin v. ClaflinSupreme Court of Missouri · 1847
- State v. BakerSupreme Court of Missouri · 1880
- Oeters v. AehleSupreme Court of Missouri · 1861
- Taylor v. HinesMissouri Court of Appeals · 1888
3Cited by2 opinions
- Toovey v. BaxterMissouri Court of Appeals · 1894
- Carp v. ItzkowitzMissouri Court of Appeals · 1898