Rucking v. McMahon
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon.. John A. Talk, Judge. Before noticing the points made by the appellant,, we would call the attention of the court to the fact that this appeal is premature, as there is no final judgment in the case.
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Appeal from the St. Louis City Circuit Court. — Hon.. John A. Talk, Judge. Before noticing the points made by the appellant,, we would call the attention of the court to the fact that this appeal is premature, as there is no final judgment in the case. In this proceeding by garnishment the question is tried, how much, if at all, is the garnishee indebted to the attachment defendant, and', to this question the jury responded by their verdict,, whereupon the court made the order required by statute, that the garnishee, within twenty days pay to the sheriff the amount found by the garnishee to…
1Opinion of the CourtBland, P. J.
Plaintiff commenced suit by attachment against Martin Heller in the St. Louis circuit court on an open account, aggregating $783.30. McMahon was summoned as garnishee. In his amended answer to interrogatories filed, he denied any indebtedness, etc., to Martin Heller at the date of the service of garnishment. Plaintiffs in denial of the garnishee’s answer set forth an indebtedness by him to Heller of $860.86, which was denied by the garnishee. The issues thus made were submitted to a jury, who returned a verdict, finding McMahon indebted to Heller at the date of the service of garnishment in…
2Cited by3 opinions
- Walkeen Lewis Millinery Co. v. JohnsonMissouri Court of Appeals · 1908
- Dyer v. Martin Loan & Finance Co.Missouri Court of Appeals · 1955
- Hill, Lehnen & Driskill v. Barter Systems, Inc.Missouri Court of Appeals · 1986