Legal Opinion

Kelly v. Beauchamp

Supreme Court of Missouri

Decided February 15, 1875PublishedCited by 4 opinions

Appeal from Holt Circuit Court. cited Wagn. Stat., 1013, § 3; Bankston vs. Parris 26 Mo., 175 ; Garvey vs. Fowler, 4 Sand., 665 ; Fagan vs. Davidson, 2 Duer., (N. T.) 153; Wilson vs. Dean, 10 Iowa, 432; 42 Barb., 299 ; Squier vs. Gould, 14 Wend., 159 ; Sedg.

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Appeal from Holt Circuit Court. cited Wagn. Stat., 1013, § 3; Bankston vs. Parris 26 Mo., 175 ; Garvey vs. Fowler, 4 Sand., 665 ; Fagan vs. Davidson, 2 Duer., (N. T.) 153; Wilson vs. Dean, 10 Iowa, 432; 42 Barb., 299 ; Squier vs. Gould, 14 Wend., 159 ; Sedg. Dam., 575-578; Donnell vs. James, 13 Ala., (N. S.) 490; Fuller vs. Banker, 11 Mich., 204; Edward vs. Bittinger, 3 Strob., 373 ; Chitty Pl., Vol. 1, p. 396, et seq., cited State to use of Rose, 19 Mo., 613; Hayden & Smith vs. Sample, 10 Mo., 217.

1Opinion of the CourtNapton, Judge

This suit was brought on an attachment bond for $1,200 and the breach assigned was, that the plea in abatement in the case was found against the attaching creditor.

The petition charges that a saw mill of plaintiff was attached and some other property — specifying it — and alleges that the plaintiff was deprived of the use of the mill for about a year, and that a great portion of it had been destroyed and injured, and become useless; “that he was compelled to, and did lay out and expend large sums of money, and was put to great expense and trouble in and about defending said action of…

2Cases cited2 opinions

  1. McKinzie v. MathewsSupreme Court of Missouri · 1875
  2. Smith v. DeanSupreme Court of Missouri · 1853

3Cited by4 opinions

  1. State ex rel. Hayden v. McHaleMissouri Court of Appeals · 1885
  2. State ex rel. Shipman v. AllenMissouri Court of Appeals · 1910
  3. State ex rel. Shipman v. AllenMissouri Court of Appeals · 1908
  4. State v. East Joplin Lumber Co.Missouri Court of Appeals · 1897

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