Stevenson v. Standard Adding Machine Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. George E. Williams, Judge. (1) The justice of the peace did not have jurisdiction to enter a judgment against the garnishee, until there wag a final judgment entered against the defendant in the case. Section 3472, Revised Statutes 1899. ,'(2) The record of a justice of the peace may always be corrected by a rule on the justice. Section 4068, Revised Statutes 1899; Norton v. Porter, 63 Mo. 345 ; Hill v. Patterson, 34 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. George E. Williams, Judge. (1) The justice of the peace did not have jurisdiction to enter a judgment against the garnishee, until there wag a final judgment entered against the defendant in the case. Section 3472, Revised Statutes 1899. ,'(2) The record of a justice of the peace may always be corrected by a rule on the justice. Section 4068, Revised Statutes 1899; Norton v. Porter, 63 Mo. 345 ; Hill v. Patterson, 34 Mo. App. 169. (3) A transcript of a justice is wholly immaterial if it is incorrect, and it may be shown to be incorrect, and…
1Opinion of the CourtNo'Rtoni, J.
This is a garnishment proceeding. On issue made, judgment was given for plaintiff against the garnishee and from this judgment it appeals.
It appears the garnishment originated incident to an attachment suit instituted by the plaintiff herein against Edwin J. Gantz, defendant in the justice court. A proper service was had on Gantz, the defendant in attachment, but he failed to appear to the action and a judgment by default was given against him, from which judgment no appeal was prosecuted. The garnishee, having been summoned as the debtor of the defendant in the principal suit, made answer to…
2Cases cited8 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Dinkins v. Crunden-Martin Woodenware Co.Missouri Court of Appeals · 1903
- Norton v. PorterSupreme Court of Missouri · 1876
- Bradley v. ByerleyCourt of Appeals of Kansas · 1895
- Hill v. PattersonMissouri Court of Appeals · 1889
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3Cited by6 opinions
- Ferneau v. Armour and CompanyMissouri Court of Appeals · 1957
- Chaachou v. KulhanjianSupreme Court of Florida · 1958
- McEwen v. Sterling State BankMissouri Court of Appeals · 1928
- Sanco Finance Co. v. AgnewMissouri Court of Appeals · 1970
- State v. MossMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.