Epstein v. Hammerslough Clothing Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scaebitt, Judge. (1) (Garnishment is a strictly legal proceeding and does not perform the office of a bill in equity. Only legal rights can be reached by it, not equitable rights. Lackland v. Garesche,' 56 Mo. 267; Sheedy v. Bank, 62 Mo. 17, 25; Beckham v. Tootle, 19 Mo. App. 603; Mercantile Co. v. Betties, 58 Mo. App. 384; Heineman v. Solomon, 47 N. W. Rep. 107; Trausch v. Ottenburg, 54 Fed.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scaebitt, Judge. (1) (Garnishment is a strictly legal proceeding and does not perform the office of a bill in equity. Only legal rights can be reached by it, not equitable rights. Lackland v. Garesche,' 56 Mo. 267; Sheedy v. Bank, 62 Mo. 17, 25; Beckham v. Tootle, 19 Mo. App. 603; Mercantile Co. v. Betties, 58 Mo. App. 384; Heineman v. Solomon, 47 N. W. Rep. 107; Trausch v. Ottenburg, 54 Fed. Rep. 869; Feary v. Cummings, 1 N. W. Rep. 950; Folkerts v. Standish, 56 Mich. 453; Jaseph v. Kronenberger, 22 N. E. Rep. 301; Fleming v. Baxter, 38…
1Opinion of the CourtGill, J.
Prior to July, 1893, the Hammerslough Clothing Company was engaged in the clothing business at Kansas City, and against it plaintiffs and 'others had claims for goods sold. About that date Lorie, the garnishee and appellant, bought the Hammerslough stock, paying therefor $46,000, in Argentine waterworks bonds. Lorie took possession and sold the stock for about $35,000. Several months after the sale from Hammerslough to Lorie, and after, too, the goods had been disposed of by Lorie, plaintiff Epstein instituted this action in attachment and Lorie was summoned as garnishee. Lorie answered the…
2Cases cited11 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Hawes v. MooneySupreme Court of Connecticut · 1872
- Lee v. TaborSupreme Court of Missouri · 1843
- Joseph, Nelke & Co. v. BoldridgeMissouri Court of Appeals · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- Potter v. WhittenMissouri Court of Appeals · 1913
- Fronk v. FronkMissouri Court of Appeals · 1911
- Zachra v. American Manufacturing Co.Missouri Court of Appeals · 1913
- Donk Bros. Coal & Coke Co. v. KinealyMissouri Court of Appeals · 1899
10 more not listed; retrieve them via the Exa API.