Connor v. Pope
Missouri Court of Appeals
Appeal from Miller Circuit Court, Hon. E. L. Edwards, J. Statement of case by the court. In March, 1877, the plaintiff, respondent here, sued out writ of attachment in the Miller circuit court against B. W. Taylor.
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Appeal from Miller Circuit Court, Hon. E. L. Edwards, J. Statement of case by the court. In March, 1877, the plaintiff, respondent here, sued out writ of attachment in the Miller circuit court against B. W. Taylor. W. S. Pope was brought in to the case as garnishee on the following return made by the sheriff on the writ: “Executed the within writ in the county of Miller and state of Missouri, on the 29th day of March, 1877, by reading to Winfield S. Pope, a garnishee, that I did summon him to appear at the return term of this writ to answer the interrogatories which may be exhibited against…
1Opinion of the Court
*89Opinion by
Philips, P. J.
The principal and controlling question presented by record is, did the circuit court acquire jurisdiction over the subject matter so as to authorize it to render judgment against Pope as garnishee ?
This question must be answered in the negative. Th return of the sheriff fails to show that he made the declaration to the garnishee, required by the statute, essential to bind the property or debt in his hands. The return is not distinguishable in principle from those in the eases of Norville v. Porter, 62 Mo. 310; Keane v. Bartholow et al., 4 Mo. App. 507; and Brecht v.…
2Cases cited3 opinions
- Epstein v. SalorgneMissouri Court of Appeals · 1878
- Brecht v. CorbyMissouri Court of Appeals · 1879
- Keane v. Bartholow, Lewis & Co.Missouri Court of Appeals · 1877
3Cited by9 opinions
- State Ex Rel. Shaw State Bank v. PfeffleMissouri Court of Appeals · 1927
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- Potter v. WhittenMissouri Court of Appeals · 1911
- Trinidad Asphalt Manufacturing Co. v. Standard Oil Co.Missouri Court of Appeals · 1924
- Dunn v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
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