Bain v. Chrisman
Supreme Court of Missouri
Error to Moniteau Circuit Court. The facts of this case would appear to be substantially as follows: Jacob Bain and J. L. Wyatt instituted separate attachment suits before a justice of the 'peace against one Par-mer. One Chrisman was summoned as garnishee in said suits, and judgments were rendered against him. These judgments the justice seems to have consolidated into one judgment in favor of Bain and Wyatt.
Read the full summary
Error to Moniteau Circuit Court. The facts of this case would appear to be substantially as follows: Jacob Bain and J. L. Wyatt instituted separate attachment suits before a justice of the 'peace against one Par-mer. One Chrisman was summoned as garnishee in said suits, and judgments were rendered against him. These judgments the justice seems to have consolidated into one judgment in favor of Bain and Wyatt. He certified the same to the circuit court as a joint judgment against Chrisman in favor of Bain and Wyatt. An execution issued from the office of the clerk of the circuit court against…
1Opinion of the CourtScott, Judge
It would seem to be a vain undertaking to attempt to support such proceedings as are contained in the record before us. Two plaintiffs by separate actions — there being no privity whatever between them — obtained separate judgments against the same garnishee. Afterwards a transcript of these judgments is filed in the clerk’s office of the circuit court. This transcript is made out in. such way as makes it appear that the two separate plaintiffs had obtained a joint judgment in their joint names against the garnishee. This transcript is made the foundation of an execution against the…
2Cited by8 opinions
- Gale v. MichieSupreme Court of Missouri · 1871
- Slagel v. MurdockSupreme Court of Missouri · 1877
- State Ex Rel. Turner v. SloanMissouri Court of Appeals · 1980
- CTC Inv. Co. v. Daniel Boone Coal CorporationDistrict Court, E.D. Kentucky · 1931
- Callahan v. Cardinal Glennon Children's HospitalMissouri Court of Appeals · 1995
3 more not listed; retrieve them via the Exa API.