Chapman v. Yancey
Missouri Court of Appeals
Error to Stoddard Circuit Court.—Hon. W. S. C. Walker, Judge. (1) The proceeding by garnishment is essentially legal. It is not equitable; it can only reach legal assets in the hands of third persons or intercept legal credits owing to the defendant in the execution and there must be some privity between the debtor and garnishee. Atwood v. Hale, 17 Mo. App. 88; Lackland v. Garrishee, 56 Mo. 270; Provenchere v. Reifess, 62 Mo. App. 53; Merchantile Co. v. Betties, 58 Mo.
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Error to Stoddard Circuit Court.—Hon. W. S. C. Walker, Judge. (1) The proceeding by garnishment is essentially legal. It is not equitable; it can only reach legal assets in the hands of third persons or intercept legal credits owing to the defendant in the execution and there must be some privity between the debtor and garnishee. Atwood v. Hale, 17 Mo. App. 88; Lackland v. Garrishee, 56 Mo. 270; Provenchere v. Reifess, 62 Mo. App. 53; Merchantile Co. v. Betties, 58 Mo. App. 389. Bank v. Barnett, 98 Mo. App. 478. (2) A counterclaim can be set forth only in an answer when a party has been sued.…
1Opinion of the Court
Statement.
—This is rather a singular case. One S. M. Chapman brought his action against Charles D. Yancey and two .others on a promissory note for $150, the action commenced in the circuit court of Butler county. Summonses were duly issued against and served upon the defendants, judgment rendered against them and an execution issued out of the circuit court of Butler county, directed to the sheriff of Stoddard county against the defendant Yancey. This writ was executed in Stoddard county, as appears by the return of the sheriff, by summoning one Charles D. Wilson, as garnishee, to appear at…
2Cases cited7 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Sheedy v. Second National BankSupreme Court of Missouri · 1876
- Atwood v. HaleMissouri Court of Appeals · 1885
- Tinsley v. SavageSupreme Court of Missouri · 1872
- State ex rel. McIndoe v. BlairSupreme Court of Missouri · 1911
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3Cited by4 opinions
- Harrison v. HarrisonMissouri Court of Appeals · 1960
- McEwen v. Sterling State BankMissouri Court of Appeals · 1928
- Tillman v. DeeseMissouri Court of Appeals · 1972
- State ex rel. Behrens v. WilsonMissouri Court of Appeals · 1913