Holker v. Hennessey
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) In this proceeding appellant’s reply to and denial of garnishee’s answer to interrogatories stands in the place of a petition. Bank v.Billon, 75 Mo. 380; Grosch v. Bardenheimer, 15 Mo. 353. (2) The facts stated in appellant’s reply are admitted by the demurrer.
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Appeal from Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) In this proceeding appellant’s reply to and denial of garnishee’s answer to interrogatories stands in the place of a petition. Bank v.Billon, 75 Mo. 380; Grosch v. Bardenheimer, 15 Mo. 353. (2) The facts stated in appellant’s reply are admitted by the demurrer. McKinnic v. Mathews, 59 Mo. 99; Plant Seed Co. v. Michael Plant & Seed Co., 23 Mo. 579. (3) The appellant had a lien upon all the estate of Hennessey and Green who had stolen his money, from the date of their arrest, and was entitled to pursue this money by this…
1Opinion of the CourtBbace, P. J.
The respondent Howendobler was summoned as garnishee in a suit by attachment instituted in the Nodaway circuit court by appellant Holker, against the defendants Hennessey, Green et al. This is an appeal from a judgment of said circuit court sustaining a demurrer of the garnishee, Howendobler, to the reply of the plaintiff Holker to the garnishee’s answer denying possession of any effects or credits of, or any indebtedness to, the defendants. By mistake the appeal was taken to the Kansas City Court of Appeals, and thence transferred to this court. Since the appeal the plaintiff has died and…
2Cases cited8 opinions
- Holker v. HennesseySupreme Court of Missouri · 1897
- Weil v. TylerSupreme Court of Missouri · 1866
- McPherson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
- Scales v. Southern Hotel Co.Supreme Court of Missouri · 1866
- McCord & Nave Mercantile Co. v. BettlesMissouri Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Government Employees Insurance Co. v. LaskyMissouri Court of Appeals · 1970
- State v. HookMissouri Court of Appeals · 1968
- Potter v. WhittenMissouri Court of Appeals · 1913
- Dinkins v. Crunden-Martin Woodenware Co.Missouri Court of Appeals · 1903
- Wolfley v. WootenMissouri Court of Appeals · 1927
5 more not listed; retrieve them via the Exa API.