Hyde v. Curling & Robertson
Supreme Court of Missouri
ERROR to Marion Circuit Court. 1st. It was erroneous in the Circuit Court to order an enquiry of damages, without first entering a judgment by default against the garnishee, and such a judgment, nunc pro time, after the assessment, was irregular and void. Rev. S. 476,140,814-15; 17 Johns. Rep. 270; Graham’s Practice 033-4; 5th Wend. 106; 6th Cowen 599, 600; 1st Monroe 113; 1 Durn. & East. 637-8; Bates vs. Lockwood, Tidd’s Practice 965-6-7. 2d.
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ERROR to Marion Circuit Court. 1st. It was erroneous in the Circuit Court to order an enquiry of damages, without first entering a judgment by default against the garnishee, and such a judgment, nunc pro time, after the assessment, was irregular and void. Rev. S. 476,140,814-15; 17 Johns. Rep. 270; Graham’s Practice 033-4; 5th Wend. 106; 6th Cowen 599, 600; 1st Monroe 113; 1 Durn. & East. 637-8; Bates vs. Lockwood, Tidd’s Practice 965-6-7. 2d. The Court erred in ordering an enquiry of damages on the same day that the supposed judgment, by default, was entered up. Evans vs. Bowlin, 9 Mo. R.…
1Opinion of the CourtMcBride, J.
On the 25th June, 1844, an execution issued from the clerk’s office of the Marion Circuit Court, in favor of .Curling and others, and against Wesley W. Hyde, for the sum of $4,396 35, and costs of suit. On this execution, Jordan W. Hyde, appellant, and others, were garnisheed. Interrogatories were filed against the garnishees, on the 16th October, 1844, which were served on them on the 14th Nov., 1844. On the 10th August, 1846, the case being called, Jordan W. Hyde offered to file his answer to the interrogatories exhibited against him, but the Court refused him leave to answer. The Court…
2Cited by30 opinions
- Pirtle v. CookSupreme Court of Missouri · 1997
- In the Matter of Charles LamarreCourt of Appeals for the Sixth Circuit · 1974
- State v. ClarkSupreme Court of Missouri · 1853
- Ex parte BuskirkCourt of Appeals for the Fourth Circuit · 1896
- Bowling v. MerrySupreme Court of Oklahoma · 1923
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