Gregor Grocer Co. v. Carlson
Missouri Court of Appeals
Appeal from the Jachson Circuit Court. — Hon. E. L. Soaeeitt, Judge. (1) The return goes on further to recite that the constable executed the writ by declaring to Bovie-Heddens Grocer Company that he did summon it as garnishee, etc. This was no return such as was sufficient to confer jurisdiction over the res, or to authorize a procedure to judgment against the defendant. Todd v. Railroad, 33 Mo.
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Appeal from the Jachson Circuit Court. — Hon. E. L. Soaeeitt, Judge. (1) The return goes on further to recite that the constable executed the writ by declaring to Bovie-Heddens Grocer Company that he did summon it as garnishee, etc. This was no return such as was sufficient to confer jurisdiction over the res, or to authorize a procedure to judgment against the defendant. Todd v. Railroad, 33 Mo. App. 110; Norvell v. Porter, 62 Mo. 309; Hackett v. Gihl, National Bank of Commerce, 63 Mo. App. 447. (2) In this case there was an effort made to attach a debt due from the defendants. It came…
1Opinion of the CourtSmith, P. J.
The Gregory Grocer Company brought a suit by attachment against E. O. Carlson and Neis. Printz, before a justice of the peace. On the writ of attachment, the Bovie-Heddens Grocer Company, the appellant, was summoned as garnishee. The return of the constable'indorsed on the writ was as follows:
“Executed this writ in the township of Kaw this third day of February, 1894, by making diligent search for and failing to find the within named defendant E. O. Carlson and Neis. Printz, and by attaching the following described goods and chattels as the property of the within named defendants, and .by…
2Cases cited11 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Norvell v. PorterSupreme Court of Missouri · 1876
- Fletcher v. WearSupreme Court of Missouri · 1884
- Epstein v. SalorgneMissouri Court of Appeals · 1878
- Transier v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
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3Cited by10 opinions
- Bristol v. BrentUtah Supreme Court · 1909
- State Ex Rel. Shaw State Bank v. PfeffleMissouri Court of Appeals · 1927
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- Federal Truck Co. v. MayerMissouri Court of Appeals · 1925
- King v. National Oil Co.Missouri Court of Appeals · 1899
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