Smith-Premier Typewriter Co. v. National Cash Register Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court.—Hon. James E. Withrow, Judge. (1) The justice had no jurisdiction to render judgment, on service by publication, against defendant, and hence had no jurisdiction to render judgment against this appellant, as garnishee, because when the suit was filed and when this garnishee was served, there had been no seizure of any property belonging to defendant and no debtor of defendant had been summoned as garnishee.
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Appeal from St. Louis Circuit Court.—Hon. James E. Withrow, Judge. (1) The justice had no jurisdiction to render judgment, on service by publication, against defendant, and hence had no jurisdiction to render judgment against this appellant, as garnishee, because when the suit was filed and when this garnishee was served, there had been no seizure of any property belonging to defendant and no debtor of defendant had been summoned as garnishee. McCord & Nave Co. v. Betties, 58 Mo. App. 384; 20 Cyclopedia of Law, p. 1036. (2) The evidence fails to show that, at any time, during the pendency of…
1Opinion of the CourtReynolds, P. J.
On the 30th of December, 1907, plaintiff commenced action by attachment against one Hassler on an account for an alleged indebtedness of |85, the action having been brought before a justice of *101the peace of the city of St. Louis. Summons appears to have been issued on that day to the constable, returnable January 10, 1908. On the latter date, the constable, according to the docket entries of the justice, made return that he had not fonnd the defendant and that he had duly served the National Cash Register Company, attaching in its hands all moneys, etc., due or belonging to defendant, and…
2Cases cited4 opinions
- Schubert v. HerzbergMissouri Court of Appeals · 1896
- People's Savings Bank v. HoppeMissouri Court of Appeals · 1908
- McCord & Nave Mercantile Co. v. BettlesMissouri Court of Appeals · 1894
- Johnson v. Geneva Publishing Co.Supreme Court of Missouri · 1894
3Cited by2 opinions
- Riley Pennsylvania Oil Co. v. SymmondsMissouri Court of Appeals · 1916
- State Ex Rel. Adkins v. GrugettMissouri Court of Appeals · 1933