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31 Mo. 258

Beale v. Cullum

Supreme Court of Missouri

Decided October 15, 1860

Supreme Court of Missouri · decided 1860-10-15

Louis Court of Common Pleas. This was an attachment suit brought by the plaintiff in July, 1857. The writ was returned by the sheriff as 'executed by attaching and taking into possession certain property as property of defendant, consisting of millinery goods. Cullum filed his interplea, claiming that in July, 1857, he was the owner and entitled to the possession of the goods attached by the sheriff.

Decided 1860-10-15

Scott, Judge,

¶1delivered the opinion of the court.

¶2There is no point of law raised in this case. If the depositions, to the reading of which the interpleader objected, were merely irrelevant, as he contended, then the judgment will not be reversed for that cause. Moreover, from the part Berry acted in the transaction, we will not say that the plaintiffs in the cause were not entitled to show that he had failed in business and was insolvent, and this, it is alleged, is all that the depositions proved. At any rate we do not see how the fact could mislead or prejudice the jury.

¶3The instructions given to the jury fully covered the case, and we do not see how the interpleader could be prejudiced by the refusal of the court to give those of whose rejection he complains.

¶4The judgment is affirmed.

The other judges concur.
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