Iler v. Rieger & Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. O. L. Dobson, Judge. (1) The theory of the garnishment proceeding is that it amounts to no more than a substitution of the plaintiff for the defendant debtor in the enforcement of any liability against the garnishee, and for this reason the garnishing creditor can not recover unless the principal defendant could in an action by him- against the garnishee. Schuler v. Israel, 120 U. S. 506; Firebaugh v. Stone, 36 Mo.
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Appeal from the Jackson Circuit Court. — Hon. O. L. Dobson, Judge. (1) The theory of the garnishment proceeding is that it amounts to no more than a substitution of the plaintiff for the defendant debtor in the enforcement of any liability against the garnishee, and for this reason the garnishing creditor can not recover unless the principal defendant could in an action by him- against the garnishee. Schuler v. Israel, 120 U. S. 506; Firebaugh v. Stone, 36 Mo. Ill; McPherson v. B. B., 66 Mo. 103; Water Co. v. Earkness, 49 Mo. App. 357; Tent Co. v. Bank, 57 Mo. App. 19. (2) The insolvency or…
1Opinion of the CourtGill, J.
This is a controversy between the above named plaintiff and the garnishee bank, as to the right of the former to subject a certain deposit which defendants Rieger et al., had to their credit in the statement. the date of garnishment. The exact nature of the controversy will be understood from the following agreed statement of facts on which the case was submitted to the lower court: It was agreed “that * * * plaintiff instituted this suit by attachment upon the ground that defendants were about to andhadfraudulently disposed of their property, and that plaintiff’s claim was past due; that the…
2Cases cited5 opinions
- Schuler v. IsraelSupreme Court of the United States · 1887
- Huse v. AmesSupreme Court of Missouri · 1890
- Reppy v. ReppySupreme Court of Missouri · 1870
- Smith v. SpenglerSupreme Court of Missouri · 1884
- Kortjohn v. Continental National BankMissouri Court of Appeals · 1895
3Cited by11 opinions
- Aarons v. Pub. Ser. B. L. Assn.Supreme Court of Pennsylvania · 1935
- Aarons v. Public Service Building & Loan Ass'nSupreme Court of Pennsylvania · 1935
- Brown v. Maguire's Real Estate AgencySupreme Court of Missouri · 1938
- Wenneker v. Physicians Multispecialty Group, Inc.Supreme Court of Missouri · 1991
- Herd v. IngleMissouri Court of Appeals · 1986
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