Hackett v. Gihl
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The well settled law of this state is, that to authorize a judgment against a garnishee the require-merits of the statute must be strictly complied with.
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Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The well settled law of this state is, that to authorize a judgment against a garnishee the require-merits of the statute must be strictly complied with. He must not only be summoned as required by the provisions of subdivision 2, section 543, Revised Statutes, 1889, but there must also be an attachment of the goods, chattels, money, or evidences of debt in his hands, belonging to the defendant, as required by subdivision 4 of said section, or of the debt due from him to the defendant, as required by subdivision 5 of said…
1Opinion of the CourtEllison, J.
An attachment suit against Emile G-ihl was begun by plaintiff. The cause alleged for attachment was that the defendant, Gihl, was about to move out of the state, with intent to change his domicile. A garnishment was served' on the appellant, The National Bank of Commerce. The bank answered, *451stating that it owed defendant, as its employee, $50, but that said sum was due him as wages for his last thirty days’ service, he being the head of a family and a resident of the state. The contention of the bank is that it is not liable to garnishment for the last thirty days’ service of the defendant,…
2Cases cited1 opinion
- State ex rel. Johnson v. KnottMissouri Court of Appeals · 1885
3Cited by7 opinions
- Bristol v. BrentUtah Supreme Court · 1909
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Grimestad v. LofgrenSupreme Court of Minnesota · 1908
- Gregor Grocer Co. v. CarlsonMissouri Court of Appeals · 1896
- McDowell v. Friedman Bros. Shoe Co.Missouri Court of Appeals · 1909
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