Western Stoneware Co. v. Pike County Mineral Springs Co.
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Ron. B. R. Dyer, Judge. A garnishment by attachment will only lie where a creditor may maintain a suit to recover a debt. Hardware Co. v. Lang, 54 Mo. App. 147. So where both parties reside in a county or counties other than that in which the property is found jurisdiction is vested only in the circuit court of the county in which the property is found. Dennis v. Bailey, 104 Mo.
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Appeal from Pike Circuit Court. — Ron. B. R. Dyer, Judge. A garnishment by attachment will only lie where a creditor may maintain a suit to recover a debt. Hardware Co. v. Lang, 54 Mo. App. 147. So where both parties reside in a county or counties other than that in which the property is found jurisdiction is vested only in the circuit court of the county in which the property is found. Dennis v. Bailey, 104 Mo. App. 638. The circuit court of Pike county has no more jurisdiction over the garnishee in this case than if it had sued the garnishee directly to recover property in its hands…
1Opinion of the CourtNortoni, J.
This is an appeal on the part of the garnishee from a judgment entered against it in favor of plaintiff. The principal question for consideration relates to the jurisdiction of the circuit court to proceed in the premises.
It appears the plaintiff, Western Stoneware Company, recovered a judgment against the defendant, Pike County Mineral Springs Company, a resident of Pike county, for $419.50, and $13.50 costs, in the circuit court of Pike county. It seems the defendant kept a checking account on deposit with the Vandeventer Trust Company in the city of St. Louis, and, therefore, an execution…
2Cases cited15 opinions
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Brown v. WoodySupreme Court of Missouri · 1877
- Marx v. HartSupreme Court of Missouri · 1902
- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Supreme Court of Missouri · 1895
- Howland v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1896
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3Cited by9 opinions
- State Ex Rel. Fielder v. KirkwoodSupreme Court of Missouri · 1940
- Chenoweth v. La MasterMissouri Court of Appeals · 1961
- Shields v. ShieldsMontana Supreme Court · 1943
- Federal Truck Co. v. MayerMissouri Court of Appeals · 1925
- Trinidad Asphalt Manufacturing Co. v. Standard Oil Co.Missouri Court of Appeals · 1924
4 more not listed; retrieve them via the Exa API.