Legal Opinion

Hawthorn v. City of St. Louis

Supreme Court of Missouri

Decided October 15, 1847PublishedCited by 26 opinions

ERROR to St. Louis Circuit Court. The only question is whether, if the city is liable as garnishee, whether this garnishee differs from a natural person in this respect, as it is certain a natural person would on the admissions in this answer be liable as garnishee. The only question in this case is, whether the city, being a municipal and public corporation, is liable to this process. This Court, in the case of Cohen vs. Perpetual Ins. Co., 9 Mo.

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ERROR to St. Louis Circuit Court. The only question is whether, if the city is liable as garnishee, whether this garnishee differs from a natural person in this respect, as it is certain a natural person would on the admissions in this answer be liable as garnishee. The only question in this case is, whether the city, being a municipal and public corporation, is liable to this process. This Court, in the case of Cohen vs. Perpetual Ins. Co., 9 Mo. K., held, that a corporation was liable to this process, under our statute. In Massachusetts, a different result had been arrived at. Union…

1Opinion of the CourtMcBride, J.

Jacob Hawthorn being an execution creditor of M. L. Clark, who was Recorder of the city of St. Louis, caused the said city to be summoned as garnishee, under the provisions of the statute, to be found in R. C. 1835, p. 254. The city, through its Mayor, answered, admitting that there was a balance due to said Clark from the said city, as part of his salary as Recorder; but submit whether the city is subject to this proceeding, at the instance of a creditor of the Recorder, for the purpose of recovering his salary. The Circuit Court dismissed the garnishment. The plaintiff, Hawthorn, excepted,…

2Cited by26 opinions

  1. Pendleton v. PerkinsSupreme Court of Missouri · 1872
  2. Merwin v. City of ChicagoIllinois Supreme Court · 1867
  3. Cole v. White CountySupreme Court of Arkansas · 1877
  4. Wallace v. LawyerIndiana Supreme Court · 1876
  5. Brown v. GatesWest Virginia Supreme Court · 1879

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