Kein v. School District
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. G, McGregor, Judge. The court erred in discharging the garnishee. Under our statute, section 5218, Revised Statutes, 1889, all persons (and corporations, section 6568) are subject to garnishment, except such as are specially exempted by section 5220, Revised Statutes, 1889. The trial court ruled that a school district was a municipal corporation, and hence exempt.
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Appeal from the Jasper Circuit Court. — Hon. M. G, McGregor, Judge. The court erred in discharging the garnishee. Under our statute, section 5218, Revised Statutes, 1889, all persons (and corporations, section 6568) are subject to garnishment, except such as are specially exempted by section 5220, Revised Statutes, 1889. The trial court ruled that a school district was a municipal corporation, and hence exempt. Notwithstanding the decisions of courts in other states, our supreme court decided in 1873, in case of Heller r>. Stremmel, 52 Mo. 309, that a school district was not a municipal…
1Opinion of the CourtSmith, P. J.
The plaintiff brought suit by attachment against George B. Wood, and caused the School District of the City of Carthage to be summoned as a. garnishee, which appeared in the cause and moved the court to discharge it because not subject nor liable to garnishment. The motion was sustained, and judgment, was accordingly rendered discharging the garnishee, from which judgment plaintiffs have appealed.
*462I. The appeal questions the propriety of the action of the trial court in discharging the garnishee — the school district. Turning to the statute in relation to garnishment, section 5218, Revised…
2Cases cited7 opinions
- School District No. 4 v. GageMichigan Supreme Court · 1878
- Heller v. StremmelSupreme Court of Missouri · 1873
- M. A. Hightower & Co. v. SlatonSupreme Court of Georgia · 1875
- Luthy v. WoodsMissouri Court of Appeals · 1878
- Luthy v. WoodsMissouri Court of Appeals · 1876
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3Cited by4 opinions
- Georgia Public-Service Commission v. City of AlbanySupreme Court of Georgia · 1935
- Buchanan v. A. B. Spencer Lumber Co.Court of Appeals of Texas · 1911
- Julander Julander v. ReynoldsSupreme Court of Iowa · 1928
- Buchanan v. A. B. Spencer Lumber Co.Court of Appeals of Texas · 1911