Lindsey v. Dixon
Missouri Court of Appeals
Appeal from the Hickory Circuit Court. — Hon. W. I. Wallace, Judge. The wife cannot interplead for the husband’s property. Withers v. Shropshire, 15 Mo. 632; Abernathy v. Whitehead, 69 Mo. 28. A married woman, when she claims the property exempt as the husband’s, claims it as his vice, and she can no more interplead than could he. The property still remains that of the husband. Steele v. Leonori, 28 Mo. App. 675; State ex rel. v. Chaney, 36 Mo.
Read the full summary
Appeal from the Hickory Circuit Court. — Hon. W. I. Wallace, Judge. The wife cannot interplead for the husband’s property. Withers v. Shropshire, 15 Mo. 632; Abernathy v. Whitehead, 69 Mo. 28. A married woman, when she claims the property exempt as the husband’s, claims it as his vice, and she can no more interplead than could he. The property still remains that of the husband. Steele v. Leonori, 28 Mo. App. 675; State ex rel. v. Chaney, 36 Mo. App. 513; State ex rel. v. Laies, 46 Mo. 108. She certainly cannot claim and hold his exemption when he is personally present as in this case. (1) ,…
1Opinion of the CourtSmith, P. J.
— The plaintiff sued Thomas Dixon, the defendant, by attachment before a justice of the peace, alleging in his affidavit as grounds therefor those provided in subdivisions 4 to 5 and 8 of section 521, Revised Statutes. The constable under the writ seized a certain quantity of corn and oats, and also a wagon and harness.
Thereupon the interpleader, who was the wife of the defendant, appeared before the justice and filed an interplea claiming therein that the defendant had absconded and absented himself from his usual place of abode in Hickory county, in this state, and that the property seized…
2Cases cited4 opinions
- Paddock v. LanceSupreme Court of Missouri · 1887
- Bradley Hubbard Manufacturing Co. v. BeanMissouri Court of Appeals · 1886
- State ex rel. Tilden v. BeamerSupreme Court of Missouri · 1880
- McElfatrick v. MacauleyMissouri Court of Appeals · 1884
3Cited by3 opinions
- Martin v. BarnettMissouri Court of Appeals · 1911
- J. Thomas & Son v. BrownMissouri Court of Appeals · 1913
- Wood v. KellyMissouri Court of Appeals · 1900