Funkhouser & Pottle v. How
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. There was error in denying the plaintiffs the right to interplead in the case. 1. The statute gives the right without any limitation as to the time, and no other limitation can justly be imposed by construction than such as arises from an actual judgment against the garnishee.
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Error to St. Louis Court of Common Pleas. There was error in denying the plaintiffs the right to interplead in the case. 1. The statute gives the right without any limitation as to the time, and no other limitation can justly be imposed by construction than such as arises from an actual judgment against the garnishee. R. C. 1845, title “Attachment,” sec. 39. 2. The rule of the court of Common Pleas is, in its terms, inapplicable to this case, for it extends only to the case of property attached, and not to cases of money, effects, or credits. A comparison of the rule with the statute shows…
1Opinion of the CourtScott, Judge
In August, 1851, the defendants in error commenced a suit by attachment against Thomas Crew, and on the same day the Phcenix Insurance company was summoned as garnishee in the cause. In February, 1852, judgment was taken against Crew on service by publication. In January of the same year, on interrogatories, the garnishee admitted an indebtedness to Crew in the sum of $500. On this answer, on the 22d March, 1852, a judgment was rendered against the garnishee, a judgment having been previously taken against Crew on the 20th March *49of tbe same year. About tbe first of March, 1852, tbe plaintiffs…
2Cited by4 opinions
- Shirrell v. Missouri Edison Co.Supreme Court of Missouri · 1976
- Anderson v. RobertsonMissouri Court of Appeals · 1966
- Application of GeorgeMissouri Court of Appeals · 1982
- Sturdivant Bank v. WrightMissouri Court of Appeals · 1914