Cooper v. Scyoc
Missouri Court of Appeals
Appeal from Hannibal Court of Common Pleas. — How. David H. Eby, Judge. (1) There is no cause of action stated in the petition. The defendant had the right to order constable to garnish the railroad company. It was not for execution creditor to determine debtor’s right to exemption. It is for the debtor to say whether he will waive the right or. insist upon it. Osborne v. Schutt, 67 Mo. 712; State v. Koch, 47 Mo.
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Appeal from Hannibal Court of Common Pleas. — How. David H. Eby, Judge. (1) There is no cause of action stated in the petition. The defendant had the right to order constable to garnish the railroad company. It was not for execution creditor to determine debtor’s right to exemption. It is for the debtor to say whether he will waive the right or. insist upon it. Osborne v. Schutt, 67 Mo. 712; State v. Koch, 47 Mo. App. 269. (2) The protection of the debtor is cast upon the constable, who is bound to notify the debtor of his right to make his selection and claim, and the justice has no…
1Opinion of the CourtBland, P. J.
(after stating the facts “as above.) — 1. Should the plaintiff have been nonsuited at the close of his evidence 1 The evidence is so clear and convincing as to leave no reasonable doubt that the defendant maliciously directed the repeated service of summons on the railroad company as garnishee, when he had no reasonable ground to believe that anything could be collected from the railroad company as the debtor of the *426plaintiff, and knew that the wages of the plaintiff he sought to garnish were exempt from process of garnishment, and that his purpose in having repeated service of summons on the…
2Cases cited9 opinions
- Lynd v. PicketSupreme Court of Minnesota · 1862
- Wetzell v. WatersSupreme Court of Missouri · 1853
- Nix v. GoodhillSupreme Court of Iowa · 1895
- Duncan v. FrankMissouri Court of Appeals · 1880
- Harrington v. SmithSupreme Court of Colorado · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- John H. Schroeder Wine & Liquor Co. v. Willis Coal & Mining Co.Missouri Court of Appeals · 1913
- Koppen v. Union Iron & Foundry Co.Missouri Court of Appeals · 1914
- Klie v. WellmanMissouri Court of Appeals · 1915