State ex rel. Walkley v. McCullough
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Ron. W. L. Jarrot, Judge. (1) There was no property attached belonging to relator in said attachment suit, unless it was the money garnished in the hands of Klootz, and said money could not be garnished because it was affected by prior conditions of contract. Scales v. Hotel Co., 37 Mo. 520; Weil v. Tyler, 43 Mo. 581; McPherson v. Railway, 66 Mo. 103; Heege v. Bruin, 18 Mo. App. 139; Ritter v. Ins. Co., 28 Mo.
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Appeal from the Cass Circuit Court. — Ron. W. L. Jarrot, Judge. (1) There was no property attached belonging to relator in said attachment suit, unless it was the money garnished in the hands of Klootz, and said money could not be garnished because it was affected by prior conditions of contract. Scales v. Hotel Co., 37 Mo. 520; Weil v. Tyler, 43 Mo. 581; McPherson v. Railway, 66 Mo. 103; Heege v. Bruin, 18 Mo. App. 139; Ritter v. Ins. Co., 28 Mo. App. 140; McQuarry v. Gever, 57 Mo. App. 213; Zeltman v. Bank, 67 Mo. App. 672. (2) The relator Walkley was not entitled to demand $600 of…
1Opinion of the CourtEllison, J.
— Defendant brought an action against plaintiff and sued out an attachment in aid. The attachment writ was executed by summoning one Klootz as garnishee. The garnishee answered interrogatories and thereupon defendant (plaintiff there) dismissed the attachment. This plaintiff then brought an action on the attachment bond which this defendant had given as plaintiff in the attachment suit. The judgment in the trial court was for plaintiff.
It appears that this plaintiff contracted to sell a tract of land to Klootz for $2,000. That he was, on April 23, 1898, to tender an abstract of title…
2Cases cited3 opinions
- Scales v. Southern Hotel Co.Supreme Court of Missouri · 1866
- State ex rel. Cantwell v. StarkSupreme Court of Missouri · 1882
- Ritter v. Boston Underwriters InsuranceMissouri Court of Appeals · 1887
3Cited by2 opinions
- Loomis v. ShrinerMissouri Court of Appeals · 1912
- Miller v. SmithCourt of Appeals for the Eighth Circuit · 1924