Ladd, Patrick & Co. v. Couzins
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The judgment of the court below does not follow the pleadings, and is therefore irregular. The only issue made in the pleadings was between the plaintiffs and the inter-pleader, in respect to which the court renders no judgment.
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Appeal from St. Louis Circuit Court. I. The judgment of the court below does not follow the pleadings, and is therefore irregular. The only issue made in the pleadings was between the plaintiffs and the inter-pleader, in respect to which the court renders no judgment. There was no issue on the pleadings between the plaintiffs and the garnishee, but the court rendered judgment in favor of the garnishee, whereas the judgment should have been for tbe plaintiffs, for want of a replication to their denial and allegation. (E. 0. 1855, p. 258, § 69 et seq.; Eules of Circuit Court, Eule 21.) II. The…
1Opinion of the CourtWagner, Judge
This was a case of garnishment on mesne process. Judgment was duly obtained against the principal debtors, in the court below, and the respondent was summoned to appear to answer such interrogatories as might be exhibited against him by the plaintiffs, (appellants here,) touching his indebtedness to the defendants in the original cause.
Interrogatories were duly filed against the respondent, who answered, denying any indebtedness whatever to the principal debtors, or that he had in his possession or under his control any property, money, or effects, belonging to them, or in which they had any…
2Cases cited3 opinions
- Richardson v. JonesSupreme Court of Missouri · 1852
- Richardson v. WatsonSupreme Court of Missouri · 1856
- Weisenecker v. KeplerSupreme Court of Missouri · 1841
3Cited by25 opinions
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- DeKalb County v. HixonSupreme Court of Missouri · 1869
- Exchange National Bank v. AllenSupreme Court of Missouri · 1878
- Gamble v. DaughertySupreme Court of Missouri · 1880
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
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