Adler v. Lange
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court,. GIeorge W. Lumas, Judge. The assignee permitted the assignor to sell without an order of court and without h; ing filed an inventory. The provisions of the Revised Statutes, which require the assignee to file an inventory, and that the circuit court or judge thereof shall make an order for the sale of the property, are mandatory. Jaffirey v. MaGehee, 107 U. S. 361: Rice v. Fray ser, 24 Fed.
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Appeal from the St. Louis Circuit Court,. GIeorge W. Lumas, Judge. The assignee permitted the assignor to sell without an order of court and without h; ing filed an inventory. The provisions of the Revised Statutes, which require the assignee to file an inventory, and that the circuit court or judge thereof shall make an order for the sale of the property, are mandatory. Jaffirey v. MaGehee, 107 U. S. 361: Rice v. Fray ser, 24 Fed. Rep. 460. All the recent authorities hold that such a discretion in an assignee would invalidate the assignment. 52 Md. 211; 74 Ala. 598; 12 Wis. 391; 2 Black (U.…
1Opinion of the CourtRombauer, J.
These two causes have been tried together by consent, under a stipulation that the evidence offered, as far as applicable, should be considered in each. Both ac.tions grow out of attachment proceedings instituted by Adler et al. against Lange. The first is the attachment proceeding proper, and its trial upon a plea in abatement filed by the attachment debtor Lange, and the next is a suit upon the attachment bond instituted by Edmunds, the statutory assignee of Lange, against Adler .■and others, parties to the attachment bond. The causes were tried without the intervention of a jury, and the…
2Cases cited8 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Gates v. LabeaumeSupreme Court of Missouri · 1853
- Robson v. ThomasSupreme Court of Missouri · 1874
- Clark v. ConwaySupreme Court of Missouri · 1856
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3Cited by6 opinions
- Drew v. DrumMissouri Court of Appeals · 1891
- Bates v. ScheikMissouri Court of Appeals · 1892
- Ecton v. Continental InsuranceMissouri Court of Appeals · 1888
- Schmucker v. SpelbrinkMissouri Court of Appeals · 1887
- Stevens v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.