Moses P. Johnson Machinery Co. v. Watson
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The seizure by the constable, under the writ of attachment, of the credits in the hands of Howard Watson gave the court jurisdiction to dispose of these credits, and its judgment was impregnable to collateral attack. The jurisdiction of the court in attachment depends upon the seizure of property, and no errors or omissions afterwards can invalidate the judgment.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The seizure by the constable, under the writ of attachment, of the credits in the hands of Howard Watson gave the court jurisdiction to dispose of these credits, and its judgment was impregnable to collateral attack. The jurisdiction of the court in attachment depends upon the seizure of property, and no errors or omissions afterwards can invalidate the judgment. Paine v. Moorehead, 15 Ohio, 435, 443-445; Cooper v. Reynolds, 10 Wall. 308, 315-320; Hardin v. Lee, 51 Mo. 241; Freeman v. Thompson, 53 Mo. 183,193;…
1Opinion of the CourtBiggs, J.
— The appellant admitted an indebtedness of $153.44, but he defended on the ground that the fund in his hands had been previously garnished or impounded in an attachment suit, in which one John E. Lnking was plaintiff, - and the Magnolia Lumber Company was named as the defendant. The circuit court held the defense to be insufficient, and rendered judgment against the appellant.
There seems to be no dispute about the facts. The defendants, Melvin and John Green, are engaged in business in the state of Arkansas under the firm name of “The Magnolia Lumber Company^’ On the fourth day of June,…
2Cases cited9 opinions
- Proprietors of the Mexican Mill v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1868
- Fletcher v. WearSupreme Court of Missouri · 1884
- House v. DuncanSupreme Court of Missouri · 1872
- Moore v. Burns & Co.Supreme Court of Alabama · 1877
- Beattie v. HillSupreme Court of Missouri · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Davison v. FarrMissouri Court of Appeals · 1954
- Haney v. ThomsonSupreme Court of Missouri · 1936
- Neiswanger v. OrdSupreme Court of Kansas · 1909
- Mehlstaub v. MichaelMissouri Court of Appeals · 1926
- Yarbrough v. PughWashington Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.