Legal Opinion

Gates v. Labeaume

Supreme Court of Missouri

Decided October 15, 1853PublishedCited by 20 opinions

Appeal from St. Louis Court of Common Pleas. Tbe appellants were summoned in an attachment suit as the garnishees of one Claverdetscher. The plaintiff filed allegations stating that the garnishees had in their hands goods and chattels belonging to and delivered to them by Claverdetscher ; also that they were indebted to Claverdetscher.

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Appeal from St. Louis Court of Common Pleas. Tbe appellants were summoned in an attachment suit as the garnishees of one Claverdetscher. The plaintiff filed allegations stating that the garnishees had in their hands goods and chattels belonging to and delivered to them by Claverdetscher ; also that they were indebted to Claverdetscher. The garnishees answered, admitting that they were assignees of Claverdetscher and had taken his goods assigned, and disposed of them according to the deed under the order of the Circuit Court, having first made an inventory and appraisement, and that they held…

1Opinion of the CourtRyland, Judge

It becomes necessary for this court to consider but the two main questions arising in this ease. Is the deed of assignment from Claverdetscher to Labeaume & Thompson void on its face ? If not, do the facts in proof render it void ? We shall not say any thing in regard to the right of the plaintiff to garnishee the assignees. We shall not say in what light such assignees are to be considered; whether as quasi public officers, against whom the process of garnishment cannot be maintained or not. Taking all such steps as lawfully done in this case, we shall notice the two main questions above.

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2Cases cited2 opinions

  1. Lawrence v. DavisU.S. Circuit Court for the District of Illinois · 1843
  2. Nelson v. GoebelSupreme Court of Missouri · 1852

3Cited by20 opinions

  1. Potter v. McDowellSupreme Court of Missouri · 1860
  2. Dougherty v. CooperSupreme Court of Missouri · 1883
  3. Henderson v. HendersonSupreme Court of Missouri · 1874
  4. Crow v. BeardsleySupreme Court of Missouri · 1878
  5. State ex rel. Phillips v. RowseSupreme Court of Missouri · 1872

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