70 Mo. App. 301 | Mo. Ct. App. | 1897
Plaintiff in error brought suit by attachment in the Cape Girardeau circuit court against Edward Hicks, and a levy of the attachment was made upon a stock of merchandise as the property of Hicks found in a store house in the town of Jackson in said county, known as the “Chicago Store.” Defendant in error, Hilig, interpleaded for the goods, claiming to 'be the owner. A change of the venue was taken on his application, and the cau^e as to the interplea was sent to Mississippi county, where upon a trial the issues were found for the interpleader, Hilig. Hicks and Hilig came from the state of Illinois to Jackson, Missouri, in October, 1893, where they opened up a store of general merchandise, and known as the “Chicago-Store,” Hicks furnishing about $8,000 and Hilig about $3,750 of the capital. Their sales ranged from $75 to $700 per day, until May 14, 1894, when it was ascertained that they owed somewhere from $8,000 to-$10,000. Hilig on that day sold out to Hicks, and a
Prom what has been said it follows that the judgment must be reversed and the cause remanded for a •new trial with leave to plaintiffs to file their amended, ■answer, if they are so advised. It is so ordered.