Dunn v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from, the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) There is a marked and radical distinction between a garnishment on execution and a garnishment on attachment. Drake on Attachment [6 Ed.
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Appeal from, the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) There is a marked and radical distinction between a garnishment on execution and a garnishment on attachment. Drake on Attachment [6 Ed. J secs. 692, 693; Railroad v. Alvey, 43 Ind. 180. In the former case, the garnishment process is a mere auxiliary remedy for the collection of a debt already reduced to judgment, and in which the debtor and creditor are already subject to the jurisdiction of the court, and wherein the debtor is chargeable with notice of every step taken in the case until the judgment against him is…
1Opinion of the CourtSmith, P. J.
— This was a suit commenced before a justice of the peace of Cass county, by the plaintiff against the defendant, to recover the sum of $56.06 for forty-two days’ work performed for defendant, between the twenty-seventh day of February and the ninth of March, 1889, at $40 per month. The case was removed by appeal to the circuit court, where there was a trial de now. It was admitted at the trial, “that the amount owing plaintiff by defendant for his wages was $54.15, earned in March and April, 1889. The defendant claimed that it was exempt from liability to plaintiff for his wages, on the…
2Cases cited9 opinions
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Gates v. TustenSupreme Court of Missouri · 1886
- Fletcher v. WearSupreme Court of Missouri · 1884
- Haley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Epstein v. SalorgneMissouri Court of Appeals · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bristol v. BrentUtah Supreme Court · 1909
- Rixke v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
- Godman v. GordonMissouri Court of Appeals · 1895
- Antonelli v. BasileMissouri Court of Appeals · 1902
- Fee v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.