Curling & Robertson v. Hyde
Supreme Court of Missouri
ERROR to Marion Circuit Court. That the judgment of the Circuit Court must be reversed: 1st. Because the interrogatories are addressed to Mahala J. R. Hyde, as administratrix of Edmund Hyde, deceased, and not in her individual character; no question, therefore, based upon her private indebtedness, would have been proper under the issue, yet the Circuit Court decided that her individual indebtedness was the proper subject of investigation. 2d.
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ERROR to Marion Circuit Court. That the judgment of the Circuit Court must be reversed: 1st. Because the interrogatories are addressed to Mahala J. R. Hyde, as administratrix of Edmund Hyde, deceased, and not in her individual character; no question, therefore, based upon her private indebtedness, would have been proper under the issue, yet the Circuit Court decided that her individual indebtedness was the proper subject of investigation. 2d. Because the Circuit Court erred in assuming that an administratrix could not be garnisheed, or that the fund in her hands could not be thus attached.…
1Opinion of the CourtMcBride, J.
Curling &'Robertson, on the 19th April, 1844, at the Marion Circuit Court, recovered judgment against Wesley W. Hyde, for upwards of $4,000. ■
On the 24th June, 1844, a writ of fieri facias issued on said judgment, directed to the sheriff of Marion county, on which the defendant, Mahala J. Hyde, as administratrix of Edmund Hyde, deceased, amongst other persons, was summoned as garnishee.on the 24th July, 1844.
At the October term, 1844, of the Marion Circuit Court, interrogatories were filed against the garnishees, .as follows: “To Hiram Edmiston^ Jordan W.' Hyde, and Mahala J. R. Hyde,…
2Cases cited3 opinions
- Brooks v. CookMassachusetts Supreme Judicial Court · 1811
- Chealy v. BrewerMassachusetts Supreme Judicial Court · 1811
- Case of M'NeilMassachusetts Supreme Judicial Court · 1807
3Cited by10 opinions
- Vance v. Railway Co.West Virginia Supreme Court · 1903
- State v. GibsonWest Virginia Supreme Court · 1910
- Richards v. GriggsSupreme Court of Missouri · 1852
- Norton v. ClarkNevada Supreme Court · 1884
- State ex rel. Williams v. NethertonMissouri Court of Appeals · 1887
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