Black v. Paul
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. 1. The arrangement set up in the answer having been put in issue, should have been proved by the garnishee.
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ERROR to St. Louis Court of Common Pleas. 1. The arrangement set up in the answer having been put in issue, should have been proved by the garnishee. In the case of Davis vs. Knapp & Shea, this Court merely decided, that the answer -of the garnishee, as to ‘the extent of his alleged indebtedness, Shall be presumed true, and operate to discharge him from liability, unless disproved. ’This is in conformity with the rule in Chancery, that where the matter in issue is referred by one of the parties to the oath of the other, such oath, though in favor of the deponent himself, is decisive of the…
1Opinion of the CourtScott, J.
Paul was served with a garnishment on an execution, by Black, who had obtained judgment against Baird. To the usual interrogatories he responded, that Baird, the defendant in tbe execution, agreed to put up for him a balcony, for which he had paid him $300 in advance, and that *105he refused to pay any more until the work was completed. That Baird then told him that he was indebted to D. D. Page, and that Page was pressing him. Paul, the garnishee, then offered to pay Page any balance that might be due, when the balcony was finished, which was agreed to and desired by Baird. Thereupon, long…
2Cases cited3 opinions
- Clamorgan v. LaneSupreme Court of Missouri · 1845
- Davis v. KnappSupreme Court of Missouri · 1844
- Anderson v. BrownSupreme Court of Missouri · 1845
3Cited by4 opinions
- Wheatley v. StrobeCalifornia Supreme Court · 1859
- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Missouri Court of Appeals · 1893
- Brown v. KirkMissouri Court of Appeals · 1886
- Garrison v. O'DonaldMissouri Court of Appeals · 1898