Briggs v. Block
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. Briggs sued Greorge 0. Robbins by attachment, and Emanuel Block was summoned as garnishee. The name of Block was not inserted in the writ to the sheriff, as a party to be summoned as garnishee. After the lapse o'f the first week of the return term, no allegations and interrogatories having been filed, Block moved to be discharged.
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Appeal from St. Louis Court of Common Pleas. Briggs sued Greorge 0. Robbins by attachment, and Emanuel Block was summoned as garnishee. The name of Block was not inserted in the writ to the sheriff, as a party to be summoned as garnishee. After the lapse o'f the first week of the return term, no allegations and interrogatories having been filed, Block moved to be discharged. Pending this motion, allegations and interrogatories were allowed to be filed, and the motion was overruled. Block, the garnishee, answered that he was not indebted to the defendant, nor did he have in his hands any…
1Opinion of the CourtRylakd, Judge
From the above statement of facts, though several minor questions have been raised, yet there are but one or two which must settle this controversy between the parties.
1. There is no necessity to have the name of every person summoned as garnishee inserted in the writ. “All persons shall be summoned as garnishees who are named as such in the writ, and such others as the officer shall find in the possession of goods, money or effects of the defendant, not actually seized by the officer, and debtors of the defendant, and also, such as the plaintiff or his attorney shall direct.” R. C. 1845,…
2Cases cited1 opinion
- Sproule v. McNultySupreme Court of Missouri · 1841
3Cited by3 opinions
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Ridge v. OlmsteadSupreme Court of Missouri · 1881
- Terry v. Wisconsin Marine & Fire InsuranceWisconsin Supreme Court · 1864