In re Koehler
Missouri Court of Appeals
Habeas Corpus. Original Proceeding, (1) The affidavits filed by plaintiff praying for an examination of the judgment debtor are insufficient to support the order of March 10, 1913, because they do not state facts sufficient to entitle plaintiff to such order. They state that plaintiff “is informed and believes and has reasonable ground to believe that defendant has property subject to execution.”
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Habeas Corpus. Original Proceeding, (1) The affidavits filed by plaintiff praying for an examination of the judgment debtor are insufficient to support the order of March 10, 1913, because they do not state facts sufficient to entitle plaintiff to such order. They state that plaintiff “is informed and believes and has reasonable ground to believe that defendant has property subject to execution.” This is not a compliance with the statutes which requires that it must appear to the court that there is reasonable ground to believe that the judgment debtor has property. The plaintiff’s belief on…
1Opinion of the CourtReynolds, P. J.
In May, 1909, one Baker brought his action against the Standard Truck & Forging Company, a corporation, • the action brought in the circuit court of the city of St. Louis. Service was had on the corporation defendant, as appears by the return of the sheriff to the summons in that action, by delivering a copy of the writ and petition to one Frank G. Koehler, its president. The corporation defendant appeared, demurred, that being overruled, filed an answer, the cause was set for trial; both parties appeared by their attorneys and .introduced witnesses, the defendant, among other witnesses,…
2Cases cited9 opinions
- In re KnaupSupreme Court of Missouri · 1898
- Ackerman v. GreenSupreme Court of Missouri · 1907
- Fiedler v. Bambrick Bros. ConstructionMissouri Court of Appeals · 1912
- Vogelsong v. St. Louis Wood Fibre Plaster Co.Missouri Court of Appeals · 1910
- State ex rel. Ames v. BarclaySupreme Court of Missouri · 1885
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