Carthage Stone Co. v. Gerst
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— , Eon. Thomas C. Eennings., Judge. (1) The garnishment proceeding under the statute (Section 2413, R. S. 1900, et seq.) is legal and not equitable in its nature, and the court has no jurisdiction to determine any matter or any right of the parties involved in the proceeding other than the ownership of the fund garnished. Chapman v. Taney, 172 Mo..
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Appeal from the Circuit Court of the City of St. Louis.— , Eon. Thomas C. Eennings., Judge. (1) The garnishment proceeding under the statute (Section 2413, R. S. 1900, et seq.) is legal and not equitable in its nature, and the court has no jurisdiction to determine any matter or any right of the parties involved in the proceeding other than the ownership of the fund garnished. Chapman v. Taney, 172 Mo.. App. 132, 145-146, and cases cited; Lackland v. Garesche, 56 Mo. 267, and cases cited. (2) When the court has determined to whom the fund in the hands of the garnishee belongs and has made…
1Opinion of the CourtBecker, J.
On January 14, 1915, a writ of fieri facias was issued by the circuit court of St. Louis, Missouri, in the case of Carthage Stone Company,' a. corporation, plaintiff, v, Cornelius H. Pickel and Christian Kaechle, defendants, and on January 30,1915', the sheriff of the city of St. Louis made his return, that he had executed said writ by levying upon and seizing all the right, title and interest of defendants Cornelius H. Pickel and Christian Kaechle in certain real estate in the city of St. Louis, and that, by order and direction of the attorney for plaintiff, he further executed said writ on…
2Cases cited2 opinions
- Martin v. BarnettMissouri Court of Appeals · 1911
- First National Bank of Monett v. MorkampMissouri Court of Appeals · 1908