Schubert v. Herzberg
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) In the absence of a different or specific method prescribed by law, garnishment is the proper remedy whereby to subject' one judgment debt to the payment of another judgment debt under execution. R. S. 1889, chap. 92 of Judgments, 63 of Executions, and 74 of Garnishments, secs. 5218, 5221, 5229, 5244; 2 Wade on Attachments, 1886, secs. 492, 497; 8 Am. and Eng.
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Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) In the absence of a different or specific method prescribed by law, garnishment is the proper remedy whereby to subject' one judgment debt to the payment of another judgment debt under execution. R. S. 1889, chap. 92 of Judgments, 63 of Executions, and 74 of Garnishments, secs. 5218, 5221, 5229, 5244; 2 Wade on Attachments, 1886, secs. 492, 497; 8 Am. and Eng. Encyclopedia of Law, pp. 1163, 1169 to 1172; 12'Am. and Eng. Encyclopedia of Law, p. 149n, note 4. (2) The assignments being made before rendition of judgment and of…
1Opinion of the CourtGill, J.
In the year 1889, Schubert recovered a judgment for $750 against Herzberg. On August 31, 1894, Herzberg recovered a judgment against Spies for the sum of $500. This latter action was based on an assault and battery committed by Spies on the person of Herzberg. Botsford & Williams, as attorneys, prosecuted the suit for Herzberg, under an agreement entered into when the action was commenced, that they should have, for their services, forty per cent of the judgment recovered.
While the case of Herzberg v. Spies was on trial (Aug. 30, 1894), Schubert sued out an execution on his judgment against…
2Cases cited4 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Fairbanks v. . SargentNew York Court of Appeals · 1889
- Johnson County v. BrysonMissouri Court of Appeals · 1887
- McCord & Nave Mercantile Co. v. BettlesMissouri Court of Appeals · 1894
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- In RE BEHM'S ESTATE. BEHM v. GeeUtah Supreme Court · 1950
- Casket Co. v. . WheelerSupreme Court of North Carolina · 1921
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
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