Wimer v. Pritchartt
Supreme Court of Missouri
Jlppeal from St. Louis Court of Common Pleas. At the February term, 1849, of the St. Louis Court of Common Pleas, the appellant recovered judgment against John H. Tice, for the sum of four hundred and nineteen dollars and eighty-five cents. On this judgment, execution issued returnable to the September term of the St. Louis Court of. Common Pleas, and William Iff. Pritcbartt was summoned as garnishee.
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Jlppeal from St. Louis Court of Common Pleas. At the February term, 1849, of the St. Louis Court of Common Pleas, the appellant recovered judgment against John H. Tice, for the sum of four hundred and nineteen dollars and eighty-five cents. On this judgment, execution issued returnable to the September term of the St. Louis Court of. Common Pleas, and William Iff. Pritcbartt was summoned as garnishee. The answer of the garnishee confesses that he had, at the time he was summoned, the sum of two hundred dollars, which had been deposited with him, as a stakeholder, by Tice and another person,…
1Opinion of the CourtGamble, Judge
1. The statute, authorizing the sheriff to summon a debtor of the defendant as garnishee upon an execution, makes no provision for any third party interpleading to claim the assets in the hands of the garnishee, and for a very good reason. ■ The garnishee is summoned, as himself a debtor to the defendant, and it is a matter of sufficient interest to him, to see that he is not required to pay the debt of the defendant, if he is not a debtor to the defendant. If he is in doubt as to the person who is his creditor, he has the means of bringing in all persons having an interest in the question,…
2Cited by6 opinions
- Kitchen v. GreenabaumSupreme Court of Missouri · 1875
- State ex rel. Conklin v. BaradaSupreme Court of Missouri · 1874
- Smith v. SterrittSupreme Court of Missouri · 1857
- Good ex rel. McBrien v. SleethMissouri Court of Appeals · 1913
- Schawacker v. LuddingtonMissouri Court of Appeals · 1900
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