Walkeen Lewis Millinery Co. v. Johnson
Missouri Court of Appeals
Appeal from Barry Circuit Court. — Son. F. G. Johnston, Judge. (1) If money is found in the-possession of garnishee the court must order the garnishee to pay the same into court and final judgment should not be rendered until this is done. R. S. 1899, sec. 3452; Rucking v. Mc-Mahan, 76 Mo. App. 372. (2) The judgment in this case is irregular and should be set aside. Orvis v. Elliott, 63 Mo. App. 96; Jameson v. Kinsey, 75 Mo. App. 198; Bank v. Bredow, 31 Mo. 523.
1Opinion of the CourtNortoni, J.
Plaintiff instituted this suit by attachment against the defendant in the circuit court of Barry county. The First National Bank of Monett was duly summoned as garnishee in the case, and on Monday, September 4, 1905, the first day of the term, plaintiff filed in the court and exhibited to the garnishee proper interrogatories with respect to the funds, etc., of the defendant in its hands. During the same term and on the 8th day of September, the garnishee filed its answer to such interrogatories, denying that it had any property, funds, money, etc., of the defendant in attachment in its*…
2Cases cited8 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Downing v. StillSupreme Court of Missouri · 1869
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Orvis v. ElliottMissouri Court of Appeals · 1896
- Donk Bros. Coal & Coke Co. v. KinealyMissouri Court of Appeals · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Linenschmidt v. Continental Casualty Co.Supreme Court of Missouri · 1947
- ABC Fireproof Warehouse Co. v. ClemansSupreme Court of Missouri · 1983
- Gilbert v. MalanMissouri Court of Appeals · 1937
- Chenoweth v. La MasterMissouri Court of Appeals · 1961
- Ralston Purina Co. v. KingMissouri Court of Appeals · 1937
7 more not listed; retrieve them via the Exa API.