Wilson v. Hobbs
Missouri Court of Appeals
Appeal from the Gape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. In a garnishment proceeding the answer of a garnishee to the interrogatories propounded, the denial of that answer and the reply make up the issues. R. S. 1889, sec. 3534; Brown etal. v. Gmnmersel, 30 Mo. App. 341; McQuarry v. Geyer, 57 Mo.
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Appeal from the Gape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. In a garnishment proceeding the answer of a garnishee to the interrogatories propounded, the denial of that answer and the reply make up the issues. R. S. 1889, sec. 3534; Brown etal. v. Gmnmersel, 30 Mo. App. 341; McQuarry v. Geyer, 57 Mo. App. 213. Measuring the denial of garnishees answer in’ this cause by the rules of pleading, it does not state facts sufficient to constitute a cause of action against these garnishees, and the court erred in overruling the demurrer to the same. A garnishment is an auxiliary to the…
1Opinion of the CourtBland, P. J.
On January 29, 1891, Joseph V. Hobbs and his son E. M. Hobbs borrowed from respondent $1,400, for which they executed their note, with Alfred Minton and Wm. H. Minton as securities. At the May term, 1896, of the Cape Q-irardeau circuit court Miss Wilson recovered a judgment on this note against the two Hobbs and the two Mintons for $1,544.94, and caused execution to issue thereon and caused the appellants Hempstead and Thompson to be summoned as garnishees thereon. In answer to interrogatories the garnishees denied any indebtedness to the defendants in the execution. The plaintiff in the…
2Cases cited6 opinions
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Lackland v. GarescheSupreme Court of Missouri · 1874
- West v. McMullenSupreme Court of Missouri · 1892
- McQuarry v. GeyerMissouri Court of Appeals · 1894
- Missouri Pacific Railway Co. v. WilsonMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wilson v. SauveSupreme Court of Colorado · 1927