Owens v. Johns
Supreme Court of Missouri
Error to Cedar Circuit Court. I. If the affidavit and bond were not sufficient, appellant had a right to file others. (Wagn. Stat., 1872, p. 183, § 10; p. 190-1, 118; Jasper Co. vs. Cheuault, 38 Mo., 357, and cas. cit.) Even if the attachment had been dissolved, the suit should Still have proceeded. (Wagn. Stat., 1872. p. 191, § 19.) The defendant appeared generally — which waives any defect in the writ. (Bartlett vs. McDaniel, 3 Mo., 10; Barnett vs. Lynch.
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Error to Cedar Circuit Court. I. If the affidavit and bond were not sufficient, appellant had a right to file others. (Wagn. Stat., 1872, p. 183, § 10; p. 190-1, 118; Jasper Co. vs. Cheuault, 38 Mo., 357, and cas. cit.) Even if the attachment had been dissolved, the suit should Still have proceeded. (Wagn. Stat., 1872. p. 191, § 19.) The defendant appeared generally — which waives any defect in the writ. (Bartlett vs. McDaniel, 3 Mo., 10; Barnett vs. Lynch. Id.. 261; Griffin vs. Samuel, 6 Mo., 50 ; Evans vs. King, 7 Mo., ill; Hembree vs. Campbell, 8 Mo., 572.)
1Opinion of the CourtHough, Judge
This was an action commenced by attachment in the Cedar Circuit Court. The petition contained five counts, the aggregate amount claimed in two of which was insufficient to give the Circuit Court jurisdiction, and in the then remaining counts, the causes of action were defectively stated. The affidavit upon which the writ of attachment issued, was signed by J. R. Owens and had the following jurat:
Subscribed and sworn before me this 21st day of March, 1872.
J. R. Owens, Cleric,
By Lewis Gavely, D. C.
Plaintiff also by his deputy approved his own bond.
The defendant appeared and moved to dissolve…
2Cited by6 opinions
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- Trinidad Asphalt Manufacturing Co. v. Standard Oil Co.Missouri Court of Appeals · 1924
- Third National Bank v. GartonMissouri Court of Appeals · 1890
- O'Brien v. PopeWest Virginia Supreme Court · 1922
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