Freeman v. Thompson
Supreme Court of Missouri
Appeal from Polk Circuit Court. I. The Legislature, by act of Jan. 26th, 1864, changed the time of holding courts in Folk Circuit, and made “ all writs, process and proceedings returnable to the substituted terms.” The Legislature had the right so to enact. (Carson vs. Walker, 16 Mo., 68.) II. ' In attachment causes, it is the levy of the attachment on property which gives the court jurisdiction.
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Appeal from Polk Circuit Court. I. The Legislature, by act of Jan. 26th, 1864, changed the time of holding courts in Folk Circuit, and made “ all writs, process and proceedings returnable to the substituted terms.” The Legislature had the right so to enact. (Carson vs. Walker, 16 Mo., 68.) II. ' In attachment causes, it is the levy of the attachment on property which gives the court jurisdiction. (Hardin vs. Lee, 51 Mo., 241; Drake Att., §§ 437, 448 ; Porter vs. Par-tee, 7 Humph., 168; Peach vs. Abbot, 6 Tern., 586 ; Williams vs. Stewart, 3 Wis., 773.; Paine vs. Mooreland, 15 Ohio, 435 1…
1Opinion of the CourtSherwood, Judge
Action of ejectment brought in the Circuit Court by Freeman and others againstThompson and others for a lot of ground in the town of Bolivar. Petition and answer in usual form; The cause was tried by the court, a jury having been waived, and defendants admitted, that Thos. W. Freeman, deceased, was the owner of the lands described in the petition; that he died in October, 1865, and that plaintiffs were his only heirs at law. The plaintiffs thereupon rested. The defendants to maintain the issue on their part then read in evidence, without objection, a deed to defendants, Lunceford and…
2Cases cited16 opinions
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- Thatcher v. PowellSupreme Court of the United States · 1821
- Hollingsworth v. BarbourSupreme Court of the United States · 1830
- Hardin v. LeeSupreme Court of Missouri · 1873
- Fithian v. MonksSupreme Court of Missouri · 1869
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3Cited by37 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
- Kane v. McCownSupreme Court of Missouri · 1874
- Smoot v. JuddSupreme Court of Missouri · 1904
- Sweet v. MaupinSupreme Court of Missouri · 1877
- Huxley v. HarroldSupreme Court of Missouri · 1876
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