Orvis v. Elliott
Missouri Court of Appeals
Appeal from the Jachson Circuit Court. — Hon. E. L. Scaebitt, Judge. (1) Elliott, the interpleader, after the lapse of the term at which the judgment against him was rendered, can not have such judgment corrected or annulled by motion. His remedy was by appeal. The res was in court. Elliott was duly served and Ms remedy was by motion to set aside during the term at which it was rendered; and failing, then by appeal. State ex rel. v. Harper, 54 Mo.
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Appeal from the Jachson Circuit Court. — Hon. E. L. Scaebitt, Judge. (1) Elliott, the interpleader, after the lapse of the term at which the judgment against him was rendered, can not have such judgment corrected or annulled by motion. His remedy was by appeal. The res was in court. Elliott was duly served and Ms remedy was by motion to set aside during the term at which it was rendered; and failing, then by appeal. State ex rel. v. Harper, 54 Mo. App. 286; Jones v. Hart, 60 Mo. 351; Woolridge v. Qmnn, 70 Mo. 371; Rees v. McDonald, 115 Mo. 145; Rosenheim v. Hartsock, 90 Mo. 357-365; O’Riley…
1Opinion of the CourtG-ill, J.
Orvis brought an attachment suit against Nathan, and the Central Bank was summoned as garnishee. At the October term (1891) of the Jackson circuit court, the bank answered interrogatories, admitting that it owed Nathan the sum of $783.50, but that it had notice, before service of the garnishment, that Nathan had assigned the claim to Elliott and that said Elliott then asserted a right thereto. The garnishee bank prayed that the claimant Elliott be brought into court and his rights in the fund be adjudicated. In reply, the plaintiff Orvis denied that Elliott had any interest in said debt and…
2Cases cited6 opinions
- Gray v. BowlesSupreme Court of Missouri · 1881
- Jones v. HartSupreme Court of Missouri · 1875
- Smith v. SterrittSupreme Court of Missouri · 1857
- O'Reilly v. NicholsonSupreme Court of Missouri · 1869
- McKittrick v. ClemensSupreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
- Bank of Commerce v. WilliamsWyoming Supreme Court · 1937
- Walkeen Lewis Millinery Co. v. JohnsonMissouri Court of Appeals · 1908
- Head v. RandolphMissouri Court of Appeals · 1900
- Chicago, R. I. & P. Ry. Co. v. WarrenSupreme Court of Oklahoma · 1928
4 more not listed; retrieve them via the Exa API.