Sands v. Berkley
Missouri Court of Appeals
Appeal from Lincoln Circuit Ooui't. — lion. Elliott iff. Hughes, J udge. (1) It being shown by the deed of trust and the defendant’s deed to Charles Berkley that he received $6,337.57 more than was due on the secured debt, and that he had not paid this to defendants in the execution before the garnishment, and the amount of that difference being so much in excess of reasonable and ordinary costs in such sales, the burden of proof was thrown upon defendant.
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Appeal from Lincoln Circuit Ooui't. — lion. Elliott iff. Hughes, J udge. (1) It being shown by the deed of trust and the defendant’s deed to Charles Berkley that he received $6,337.57 more than was due on the secured debt, and that he had not paid this to defendants in the execution before the garnishment, and the amount of that difference being so much in excess of reasonable and ordinary costs in such sales, the burden of proof was thrown upon defendant. Young v. Powell, 87 Mo. 128; Read v. Railroad, 60 Mo. 206; Waples on Attach, and Gar. 377; Moore v. Ryan, 31 Mo. App. 481; Hoffman v.…
1Opinion of the CourtBland, P. J.
In August, 1897, appellant recovered a judgment for $227.58 against William and Nancy Berkley, before a justice of the peace in Lincoln county. An execution was issued on the judgment by the justice and delivered to the *56constable who served it by summoning respondent Sydnor as garnishee. The appellant filed the statutory interrogatories before the justice, to which the garnishee made answer, alleging ; first, that at the time of the service of the garnishment he did not have in his possession or under his control any money, property or effects belonging to plaintiffs or either of them, and;…
2Cases cited6 opinions
- State ex rel. O'Malley v. LesueurSupreme Court of Missouri · 1890
- Burden v. TaylorSupreme Court of Missouri · 1894
- State v. ScharSupreme Court of Missouri · 1872
- State ex rel. Baumunk v. GoetzSupreme Court of Missouri · 1895
- Werth v. OllisMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Steineck v. Haas-Baruch Co.California Court of Appeal · 1930