Dunlap v. Mitchell
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The suit of the plaintiff can not be maintained. Garnishment is strictly a legal proceeding and does not perform the office of a bill in equity. Only legal rights can be reached by it; equitable rights can not be. Lackland v. Garesche, 56 Mo. 267; Sheedy v. Bank, 62 Mo. 17, 25; Beckham v. Tootle, 19 Mo. App. 603; Mercantile Co. v. Betties, 58 Mo.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The suit of the plaintiff can not be maintained. Garnishment is strictly a legal proceeding and does not perform the office of a bill in equity. Only legal rights can be reached by it; equitable rights can not be. Lackland v. Garesche, 56 Mo. 267; Sheedy v. Bank, 62 Mo. 17, 25; Beckham v. Tootle, 19 Mo. App. 603; Mercantile Co. v. Betties, 58 Mo. App. 384; Heineman v. Solomon, 47 N. W.‘ Rep.. 107; Treusch v. Ottenburg, 54 Fed. Rep. 869; Eeary v. Cummings, 1 N. W. Rep. 950; Ransom v. Hays, 39 Mo. 445; Eddy v. Heath, 31 Mo.…
1Opinion of the CourtGill, J.
Statement. The controversy here is between plaintiff Dunlap and R. H. Mitchell, interpleader, as to the alleged ownership of the latter in three promissory notes of $100 each which plaintiff seeks to subject to the payment of a judgment he obtained against defendant W. R. Mitchell. The notes were attached in the hands of one Campbell, who, in effect disclaiming any interest on his own account, came into court and offered to deliver the notes to the party found entitled thereto. The issues between the interpleader and plaintiff were tried before the court below without the aid of a jury,…
2Cases cited6 opinions
- Boatmen's Savings Bank v. OverallMissouri Court of Appeals · 1885
- Epstein v. Hammerslough Clothing Co.Missouri Court of Appeals · 1896
- Payne v. StantonSupreme Court of Missouri · 1875
- Hurley v. TaylorSupreme Court of Missouri · 1883
- Columbia Savings Bank v. WinnSupreme Court of Missouri · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Potter v. WhittenMissouri Court of Appeals · 1913
- McDaniel v. BryanMissouri Court of Appeals · 1907
- Brown Shoe Co. v. SacksMissouri Court of Appeals · 1919