Legal Opinion

Quarles & Thompson v. Porter

Supreme Court of Missouri

Decided July 15, 1848PublishedCited by 8 opinions

ERROR TO COOPER CIRCUIT COURT, 1st. That at the time the defendant was summoned as garnisheo in the cause, he was indebted to Pearce, in the sum of $800, by virtue of the note given by him to Pearce therefor, and that there is no evidence in the cause conducing to show that the note had been assigned by Pearce to Sharp before the garnishment, but if there be any legal evidence of the assignment, it conduces to show that the 3qme was made by and between Pearce and Sharp, to…

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ERROR TO COOPER CIRCUIT COURT, 1st. That at the time the defendant was summoned as garnisheo in the cause, he was indebted to Pearce, in the sum of $800, by virtue of the note given by him to Pearce therefor, and that there is no evidence in the cause conducing to show that the note had been assigned by Pearce to Sharp before the garnishment, but if there be any legal evidence of the assignment, it conduces to show that the 3qme was made by and between Pearce and Sharp, to prevent the debt therein specified from being attached by plaintiffs for their said debt, and that therefore the said…

1Opinion of the Court

McBride, judge,

delivered the opinion of the court..Quarles and Thompson having obtained judgment in the Cooper circuit court, against Thomas Pearce, caused an execution to be issued thereon, directed to the sheriff of Chariton county, which was levied on some real estate and personal property of Pearce, and also service on William Porter, as garnishee, to appear at the next term of the Cooper circuit court, and answer such allegations and interrogatories, touching his indebtedness to Pearce, as might be exhibited against him by the plaintiffs. The service was on the 3d of August, 1844.

At the…

2Cases cited3 opinions

  1. Thorn & Robins v. WoodruffSupreme Court of Arkansas · 1843
  2. Davis v. KnappSupreme Court of Missouri · 1844
  3. Scott v. HillSupreme Court of Missouri · 1831

3Cited by8 opinions

  1. Smith v. SterrittSupreme Court of Missouri · 1857
  2. Bambrick v. Bambrick Bros. Construction Co.Missouri Court of Appeals · 1910
  3. State v. CliffordSupreme Court of Missouri · 1894
  4. Funkhouser v. HowSupreme Court of Missouri · 1856
  5. Bunker v. HiblerMissouri Court of Appeals · 1892

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