Section 4.4 Type of Action
| Library | Creditors' Remedies (2009 Ed. + 2014 Supp) |
A. (§4.4) Type of Action
Section 521.010, RSMo 2000, and Rule 85.02 speak of attachments in any "civil action," but a line of cases has held that this means ‘‘legal'' rather than "equitable" causes of action. See:
· State ex rel. Auchincloss, Parker & Redpath v. Harris, 159 S.W.2d 799 (Mo. 1942)
· Hisel v. Chrysler Corp., 90 F. Supp. 655 (W.D. Mo. 1950)
· Molasky ex rel. Clayton Corp. of Del. v. Lapin, 396 S.W.2d 761 (Mo. App. E.D. 1965)
In Jennings v. McCall Corp., 224 F. Supp. 919 (W.D. Mo...
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