Frank v. Siegel
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. A judgment against a married woman is a nullity. —Werneclce v. Wood, 58 Mo. 357 ; Gage v. Gates, 62 Mo. 412 ; Lincoln v. Rowe, 64 Mo. 138 ; Weil v. Simmons, 66 Mo. 617. The court had no jurisdiction over the property. —Hardin v. Lee, 51 Mo. 244; Freeman v. Thompson, 53 Mo. 194. A suit at law cannot by amendment be converted into a bill in equity. — Holden v. Vaughan, 64 Mo. 590 ; Saline v. Sappington, 64 Mo. 72; Henderson v.…
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Appeal from the St. Louis Circuit Court, Boyle, J. A judgment against a married woman is a nullity. —Werneclce v. Wood, 58 Mo. 357 ; Gage v. Gates, 62 Mo. 412 ; Lincoln v. Rowe, 64 Mo. 138 ; Weil v. Simmons, 66 Mo. 617. The court had no jurisdiction over the property. —Hardin v. Lee, 51 Mo. 244; Freeman v. Thompson, 53 Mo. 194. A suit at law cannot by amendment be converted into a bill in equity. — Holden v. Vaughan, 64 Mo. 590 ; Saline v. Sappington, 64 Mo. 72; Henderson v. Dickey, 50 Mo. 165; Lumpkin v. Collier, 69 Mo. 170. The indebtedness created no charge upon the separate estate of the…
1Opinion of the CourtLewis, P. J.
This is a proceeding, commenced by attachment, to charge the separate estate of a married woman on account of an indebtedness contracted in the purchase of goods for her stock in trade, held and used in her business as a merchant.
It is objected for the defendants that the attachment process cannot be used against a married woman under any circumstances ; that it indicates per se a suit at law, whereas the purpose of this action can be pursued in equity only. We do not perceive the force of the objection. In some of the States, the remedy by attachment is confined to certain causes or forms of…
2Cases cited2 opinions
- Kimm v. WeippertSupreme Court of Missouri · 1870
- Maguire v. MaguireMissouri Court of Appeals · 1877
3Cited by5 opinions
- Kern v. PfaffMissouri Court of Appeals · 1891
- Bachman v. LewisMissouri Court of Appeals · 1887
- Brumback v. WeinsteinMissouri Court of Appeals · 1889
- Estate of Fields v. Estate of HendersonMissouri Court of Appeals · 1928
- Pratt v. WaltherMissouri Court of Appeals · 1890