Spengler v. Kaufman & Wilkinson
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon.. Jacob Klein, Judge. (l) The court erred in excluding pleadings in the-case of Spengler v. Spengler; and in permitting Wilkinson to testify as to his motive. The act shows the-motive. (2) Judgment should have been entered for plaintiff for the amount of the execution.
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Appeal from the St. Louis City Circuit Court. — Hon.. Jacob Klein, Judge. (l) The court erred in excluding pleadings in the-case of Spengler v. Spengler; and in permitting Wilkinson to testify as to his motive. The act shows the-motive. (2) Judgment should have been entered for plaintiff for the amount of the execution. R. S. 1889, sec. 5221. (3) The agreement made between Spengler and garnishee, to pay his salary in advance, was made-for the express purpose of hindering, delaying and defrauding plaintiff by Spengler. Garnishee had. full knowledge of Spengler’s purpose, and entered into…
1Opinion of the CourtRombauer, P. J.
This is a garnishment on execution. The garnishees’ answer denied all indebtedness. The plaintiff filed the following denial:
‘ ‘ The plaintiff denies each and every statement and allegation contained in said answer, excepting that defendant Louis P. Spengler is in the employ of said garnishees. And plaintiff avers and states the fact to be that, at the time of the service of the process of garnishment upon them, said garnishees were indebted to said defendant in the sum of $125, and that, at the time of filing said answer, *9said garnishees were indebted to said defendant in the sum of $400 and…
2Cases cited17 opinions
- Young v. GlascockSupreme Court of Missouri · 1883
- Beckmann v. MeyerSupreme Court of Missouri · 1882
- Brown v. Brown's AdministratorSupreme Court of Missouri · 1878
- State ex rel. Codding v. FinnMissouri Court of Appeals · 1880
- Linton v. CrosbySupreme Court of Iowa · 1881
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Elliot v. ThomasMissouri Court of Appeals · 1912
- Spengler v. Kaufman & WilkinsonMissouri Court of Appeals · 1891
- Ford v. Stevens Motor Car. Co.Missouri Court of Appeals · 1921
- McDonnell v. Nash-Smith Tea & Coffee Co.Missouri Court of Appeals · 1910