Mahner v. Linck
Missouri Court of Appeals
Appeal from the St. Lo%iis City Circuit Court. — Hon. Thomas A. Russell, Judge. Temporary absence will not sustain an attachment if process can be served in time for the next term of court. Temple v. Cochran, 13 Mo. 116; Kingsland v. Morsham, 15 Id. 657; Ellington v. Moore, 17 Id. 424'; Adam’s Adm’rv. Abernathy, 37 Id. 196; Chariton Co. v. Moberly, 159 Mo. 238; Iron Go. v. Graham, 48 Mo. App. 638. The sheriff’s return is conclusive on the parties to the suit. Hallowellv.
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Appeal from the St. Lo%iis City Circuit Court. — Hon. Thomas A. Russell, Judge. Temporary absence will not sustain an attachment if process can be served in time for the next term of court. Temple v. Cochran, 13 Mo. 116; Kingsland v. Morsham, 15 Id. 657; Ellington v. Moore, 17 Id. 424'; Adam’s Adm’rv. Abernathy, 37 Id. 196; Chariton Co. v. Moberly, 159 Mo. 238; Iron Go. v. Graham, 48 Mo. App. 638. The sheriff’s return is conclusive on the parties to the suit. Hallowellv. Page, 24 Mo. 590; State ex rel. v. Finn, 100 Mo. 429; Horton v. B’y, 26 Mo. App. 349; Mfg. Co. v. Baker, 35 Id. 217.…
1Opinion of the CourtBland, P. J.
On July 26, 1895, suit was commenced in the circuit court of the city of St. Louis by respondent against Edward C. Linek, and his wife, on a promissory note for $900. On the same day an attachment writ in aid of the suit was sued out against Edward Linek alone. The affidavit for attachment alleged the following grounds:
“Third. That the defendant, Edward O. Linek, conceals himself so that the ordinary process of law can not be served upon him.
“Fourth. That the defendant, Edward O. Linek, has absconded and absented himself from his usual place of abode in the state of Missouri, so that the…
2Cases cited5 opinions
- Satterlee v. BlissCalifornia Supreme Court · 1869
- State v. BuffingtonSupreme Court of Kansas · 1878
- State v. CenterSupreme Court of Vermont · 1862
- Fathman v. TumiltyMissouri Court of Appeals · 1889
- Chenault v. ChapronSupreme Court of Missouri · 1838
3Cited by11 opinions
- Mercer v. StateSupreme Court of Florida · 1898
- Hancock v. CrouchMissouri Court of Appeals · 1954
- Hammons v. StateSupreme Court of Arkansas · 1905
- McKie v. StateSupreme Court of Georgia · 1927
- Hall v. HallMissouri Court of Appeals · 1898
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