Cassidy Bros. Commission v. Estep
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slower, Judge. (1) The court below erred in admitting in evidence the original returns of the constable, as they are absolutely void. They show no declaration to the garnishee that anything was attached in his hands, and no judgment is entered against garnishee nor on the attachment. Smith v. Railroad, 49 Mo. App. 54; Johnson v. Watson, 57 Mo.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slower, Judge. (1) The court below erred in admitting in evidence the original returns of the constable, as they are absolutely void. They show no declaration to the garnishee that anything was attached in his hands, and no judgment is entered against garnishee nor on the attachment. Smith v. Railroad, 49 Mo. App. 54; Johnson v. Watson, 57 Mo. App. 629; Gates v. Tusten, 89 Mo. 13; Haley v. Railroad, 80 Mo. 112; Fletcher v. Wear, 81 Mo. 524; Norvell v. Porter, 62 Mo. 309; Feev. Railroad, 58 Mo. App. 90; Bunn v. Railroad, 45 Mo. App. 29;…
1Opinion of the CourtEllison, J.
Plaintiff obtained judgment against defendant in the circuit court of Jackson county, in 1893. In 1894, he had execution issued on such judgment, and directed to the sheriff of Greene county. The said sheriff duly summoned the garnishee herein. This garnishee appeared in due course in the circuit court of Jackson county, and to the interrogatories filed by plaintiff, answered that he owed the defendant nothing. Plaintiff denied the answer and set up, affirmatively, certain alleged matters of indebtedness of garnishee to the defendant. The garnishee filed a reply to this in which he set up…
2Cases cited8 opinions
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Boulware v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Boatmen's Savings Bank v. GreweSupreme Court of Missouri · 1884
- Transier v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Stewart v. StringerSupreme Court of Missouri · 1869
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3Cited by3 opinions
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- Martin v. CastleSupreme Court of Missouri · 1904
- Mengwasser v. TackittMissouri Court of Appeals · 1955