Spengler v. Kaufman & Wilkinson
Missouri Court of Appeals
Appeal from the St. Louis City Cirobit Court. — TIon. James E. Withrow, Judge. (1) The court erred in excluding evidence offered by the garnishees to prove that the defendant was the head of a family. They were not, in so doing, seeking to claim any personal exemption for defendant. Under the statute, if he was the head of a family, they were exempt from the process of garnishment, and were not liable for the payments made to defendant after garnishment.
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Appeal from the St. Louis City Cirobit Court. — TIon. James E. Withrow, Judge. (1) The court erred in excluding evidence offered by the garnishees to prove that the defendant was the head of a family. They were not, in so doing, seeking to claim any personal exemption for defendant. Under the statute, if he was the head of a family, they were exempt from the process of garnishment, and were not liable for the payments made to defendant after garnishment. R. S., sec. 5220; Davis v. Meredith, 48 Mo. 263 ; Marigold v. Dooley, 89 Mo. 111'. (2) An agreement to pay wages, weekly or monthly, in…
1Opinion of the CourtBiggs, J.
This is a garnishment under execution. On the trial the jury found that the garnishees were indebted to the defendant in the execution in the sum of $785.65. The amount due the plaintiff under the execution was $518.60, and this, the court ordered the garnishees to pay into court. They failed to do this, and thereupon the court entered a judgment against them for that amount. From that judgment they have appealed.
The counterpart of this proceeding was before this court once before. Spengler v. Kaufman, 43 Mo. App. 5. In the opinion in that case the reply and denial are set forth, and a full…
2Cases cited6 opinions
- Wade v. JonesSupreme Court of Missouri · 1854
- Nash v. NormentMissouri Court of Appeals · 1878
- Duncan v. FrankMissouri Court of Appeals · 1880
- Reinhart v. Empire Soap Co.Missouri Court of Appeals · 1888
- D. Fay & Co. v. SmithSupreme Court of Vermont · 1853
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3Cited by9 opinions
- Schlaefer v. SchlaeferCourt of Appeals for the D.C. Circuit · 1940
- Ferneau v. Armour and CompanyMissouri Court of Appeals · 1957
- Ridenour-Baker Grocery Co. v. MonroeSupreme Court of Missouri · 1897
- Mosby v. McKee, Zook & Whiteford Commission Co.Missouri Court of Appeals · 1902
- Wentz v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1914
4 more not listed; retrieve them via the Exa API.